MayorMichael D. Quill

Council MembersTerrence Cuddy

Debra McCormickJames GiannettinoTimothy Locastro

Auburn City CouncilAGENDA

IN RESPONSE TO COVID-19 PANDEMIC, CITY HALL IS CLOSED TO THEPUBLIC DURING COUNCIL MEETINGS. IT WILL BE LIVE STREAMED ON

OUR WEBSITE AT AUBURNNY.GOV

Mayor Quill and the members of City Council would like to welcome you to Memorial City Hall. At the beginning ofeach City Council meeting a time is reserved for the public to be heard. If you have come to speak during the public tobe heard portion of this meeting the following information will be helpful to you. When you are recognized by the Mayorplease approach the podium, state your name and address for the record and speak directly into the microphone. Thecouncil is pleased to hear relevant comments that pertain to City government however a 3-minute limit is set by CityCouncil to allow for all of the meeting’s business to be conducted. Also, please remember to silence your phones.Requests for accommodations may be made with advanced notice of at least three work days prior to the meeting bycalling (315) 255-4100 or e-mailing disabilityaccess@auburnny.gov. As much advance notice as possible is needed toassure that appropriate services can be acquired. Thank you for your interest in City Government.

City Council meetings may be viewed through a live-stream on our city web site. Use the following web address to view the live-stream: http://AuburnNY.gov/Channel-A

Business SessionMarch 19, 2020 5:00 PM

1. ROLL CALL

2. PLEDGE OF ALLEGIANCE TO THE FLAG

3. MOMENT OF SILENT PRAYER OR REFLECTION

4. PUBLIC ANNOUNCEMENTS

5. CEREMONIAL PRESENTATIONS AND PROCLAMATIONS

6. PUBLIC TO BE HEARD

7. APPROVAL OF MEETING MINUTES

7.A. Approval of March 5, 2020 and March 12, 2020 City Council Meeting Minutes

8. CITY MANAGER'S REPORT

9. REPORTS FROM MEMBERS OF COUNCIL

10. SEQR RESOLUTIONS

10.A. SEQR Resolution #3 of 2020 Determining that Proposed Activities are Type II Actions forPurposes of the New York State Environmental Quality Review Act

Background Memo - SEQRA Resolution for Bond Ordinances #4 & #5 of 2020 Sewer and Water FundBorrowing.doc

SEQRA Resolution #3 of 2020 Determining The Proposed Water and Sewer Projects Are Type IIActions Under SEQRA.docx

10.B. SEQR Resolution #4 of 2020 Determining that a Project to Replace the State Street Bridge isan Unlisted Action and will not have a Significant Adverse Environmental Impact

Background_Memo_SEQRA_Neg_Dec_Resolution_for_the_State Street Bridge.docx

SEQRA Resolution #4 of 2020 Determinging that the State Street Bridge is an Unlisted Action andno Adverse Impacts.docx

State Street Bridge Project Full EAF and Attachment for Part 3.pdf

11. ORDINANCES

11.A. Bond Ordinance #4 of 2020 Authorizing the Issuance of $4,000,000 in Serial Bonds forImprovements to the City's Sewer System

Background_Memo_Bond_Ordinance__4_of_2020_Authorization_of__4_000_000_in_Sewer_Fund_Serial_Bonds (1).doc

Bond Ordinance #4 of 2020 Authorizing the Issuance of $4 million for Various_Sewer_FundProjects.DOC

11.B. Bond Ordinance #5 of 2020 Authorizing the Issuance of $1,902,000 Serial Bonds to Financethe Costs of Various Water Projects

Background_Memo_Bond_Ordinance__5_of_2020_Authorization_of__1_902_000_in_Water_Fund_Serial_Bonds (1).doc

Bond Ordinance #5 of 2020 Authorizing the Issuance of $1.902 million forVarous_Water_Fund_Projects.DOC

11.C. Bond Ordinance #6 of 2020 Authorizing the Issuance of $1,271,172 Serial Bonds to Financethe Cost of the Reconstruction of a Bridge

Background Memo for Bond Ordinance #6 of 2020 Authorizing Funding for State Street Bridge.doc

Bond Ordinance #6 Authorizing the Issurance of $1,271,172 the Reconstruction of State StreetBridge.DOC

12. LOCAL LAW

13. RESOLUTIONS

13.A. Agreement Resolution #34 of 2020 Authorizing Change Order #2 to the Design Contract forthe State Street over the Owasco River Bridge Replacement Project

Background Memo for Change Order 2 for Design Services with C&S Engineers for the State St overthe Owasco River Bridge Replacement Project.doc

Agreement Resolution #34 of 2020 Authorizing Change Order#2 with C&S Engineers to provideAdditional Design Services for the State Street Bridge Project.doc

13.B. Award Resolution #35 of 2020, Awarding a Bid for the State Street Over the Owasco RiverBridge Replacement Project (PIN#375637)

Background_Memo_for_the_State_St_Bridge_Award.doc

Award Resolution #35 of 2020 Awarding a Bid for Construction to Slate Hill Constructors for theState St. Bridge Project.doc

13.C. Agreement Resolution #36 of 2020, Authorizing Change Order #3 for Design Support DuringConstruction of the State Street Bridge Replacement Project

Background Memo for Change Order 3 for C&S Companies for State Streeet Bridge ReconstructionProject.doc

Agreement Resolution #36 of 2020 Authorizing Change Order#3 For Design Support DuringConstruction of the State Street Bridge Repl Project.doc

Design Support During Const. Scope and Fee Proposal.pdf

13.D. Financial Resolution #37 of 2020 Authorizing Various Operating and Capital Budget Transfers

Background_Memo_for_various_budget_transfers (3).doc

Financial Resolution #37 of 2020 Authorizing Various Operating and Capital Budget Transfers.doc

13.E. Grant Acceptance Resolution #38 of 2020 Authorizing Grant Acceptance from the New YorkState Department of Criminal Justice Services for the Replacement of Outdated and noLonger Supported Livescan Digital Fingerprinting System Equipment

Grant Acceptance Resolution #38 of 2020 Authorizing Grant Acceptance for the NYS Department ofCriminal Justice Services for Livescan Equipment.doc

13.F. Agreement Resolution #39 of 2020 Authorizing the Execution of an Agreement with Verizonfor the Regulation and Provision of Small Wireless Communication Facilities

COUNCIL_MEMORANDUM_Verizon_Small_Cell.docx

Agreement_Resolution #39of_2020_Authorizing_the_Execution_of_An_Agreement_with_Verizon_for_Small_Wireless_Communication_Facilities.docx

Auburn Municipal Small Cell MLA 3-19-20.docx

Auburn Small Wireless Facilities Design Standards 031120.docx

13.G. Agreement Resolution #40 of 2020 Authorizing an Agreement to Lease Parking Spaces toWegman's Food Markets, Inc.

Background Memo re Agreement to Lease Parking Spaces to Wegmans.doc

Agreement Resolution #40 of 2020 Authorizing An Agreement To Lease Parking Spaces toWegmans Food Markets.doc

2020 Agreement for Parking Spaces 3-6-20.pdf

13.H. Award Resolution #41 of 2020 Awarding a Bid for General Construction for the Zebra MusselControl System Replacement Project

Background_Memo_-_Zebra_Mussel_Control_System_Bid_Award_ (2).doc

Award Resolution #41 of 2020 Awarding a Bid for General Construction for the Zebra MusselControl System Replacement Project.doc

Bid-Tab-Zebra.pdf

Bid Award Recommendation - GHD.pdf

13.I. Award Resolution #42 of 2020 Awarding A Contract for the Casey Park Resurfacing

Background Memo Casey Park Pool Resurfacing.doc

Award Resolution #42 of 2020 Awarding a Contract for the Casey Park Pool Resurfacing.docx

13.J. Award Resolution #43 of 2020 Awarding a Contract for the Casey Park Locker Rooms LockerReplacements

Background_Memo_Casey_Park_Locker_Room_Locker_Replacement (1).doc

Award Resolution #43 of 2020 Awarding a Contract for the Casey Park Locker Room LockerReplacements.docx

13.K. Agreement Resolution #44 of 2020 Entering into a Professional Services Contract forGeographic Information System (GIS) Services

Background Memo - GIS Services.doc

Agreement Resolution #44 of 2020 Entering into a Professional Services Contract for GISServices.doc

13.L. Agreement Resolution #45 of 2020 Authorizing Change Order #1 for Design Support duringConstruction for the Zebra Mussel Control System Replacement Project

Background_Memo_-_Zebra_Mussel_Control_System_Design_Services_During_Construction_Agreement_.doc

Agreement Resolution #45 of 2020 Authorizing a Professional Service Contract for Design ServicesDuring Construction for the Zebra Mussel Control System.doc

GHD Proposal for Change Order 1.pdf

14. TABLED ITEMS

15. STAFF/VENDOR PRESENTATIONS

16. OTHER BUSINESS FROM THE COUNCIL

17. PUBLIC TO BE HEARD

18. ADJOURNMENT

COUNCIL MEMORANDUM

Memorial City Hall 24 South Street

Auburn, New York 13021

TO: Honorable Mayor and Members of Auburn City Council

FROM: Chuck Mason, City Clerk

DATE: March 19, 2020

RE: Approval of March 5, 2020 and March 12, 2020 City Council Meeting Minutes

BackgroundMarch 5, 2020 and March 12, 2020 City Council Meeting minutes are forthcoming.

Recommendation

Fiscal Impact

COUNCIL MEMORANDUM

Memorial City Hall24 South Street

Auburn, New York 13021

TO: Honorable Mayor and Members of City Council

FROM: Christina J. Selvek, Dir. of Capital Projects & Grants

DATE: March 19, 2020

RE: SEQRA Resolution #3 of 2020 determining that proposed activities are Type II Actions for Various Capital Projects- Sewer & Water Bond Ordinances # 4 & #5 of 2020

Background:

On February 6, 2020 the City Council adopted the FY 2020-2024 Capital Improvement Program for the City of Auburn. Proposed within the FY 2020 CIP is the borrowing of up to $4 million for sewer fund projects and $1,902,000 for water fund projects.

At this time, City staff is recommending the issuance of $4 million in serial bonds for the following sewer fund projects:

1) Biosolids Dryer Improvement Project (Design Only)- $2,000,0002) Wholesale Sewer Replacement Project (Construction Phase)- $1,100,0003) CSO Facility & Sewer Replacement Project (Design Only)- $600,0004) Phase II of Sewer GIS Mapping Project- $100,0005) Replacement of Vehicle #104- 10 Wheel Dump truck- $200,000

In addition to the Sewer Fund Projects, the Municipal Utilities Department is also recommending the issuance of $1,902,000 in serial bonds for the following water fund projects:

1) Zebra Mussel Control Project (Construction Phase)- $902,0002) Slow Sand Building Improvements (Design Only)- $300,0003) City-wide Water Main Improvement Project- $700,000

Prior to authorizing Bond Ordinances #4 & #5 of 2020, the City of Auburn must comply with the requirements under the New York State Environmental Quality Review Act (SEQRA). The Projects outlined above are considered Type II Actions under the State Environmental Quality Review (SEQRA) because each activity falls within the ambit of one or more of the following actions included on the Type II list specified in Section 617.5 of the Regulations:

(i) “[M]aintenance or repair involving no substantial changes in an existing structure or facility” (6 NYCRR § 617.5(c)(1));

(ii) “[R]eplacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site” (6 NYCRR § 617.5(c)(2));

(iii) “[R]etrofit of an existing structure and its appurtenant areas to incorporate green infrastructure” (6 NYCRR § 617.5(c)(3));

(iv) “[S]treet openings and right-of-way openings for the purpose of repair or maintenance of existing utility facilities” (6 NYCRR § 617.5(c)(6));

(v) “[E]xtension of utility distribution facilities, including gas, electric, telephone, cable, water and sewer connections . . . in connection with any action on this list” (6 NYCRR § 617.5(c)(13));

(vi) “[M]apping of existing roads, streets, highways, natural resources, land uses and ownership patterns” (6 NYCRR § 617.5(c)(23));

(vii) “[C]onducting concurrent environmental, engineering, economic, feasibility and other studies and preliminary planning and budgetary processes necessary to the formulation of a proposal for action, provided those activities do not commit the agency to commence, engage in or approve such action” (6 NYCRR § 617.5(c)(27)); and/or

(viii) “[P]urchase or sale of furnishings, equipment or supplies, including surplus government property, other than the following: land, radioactive material, pesticides, herbicides, or other hazardous materials” (6 NYCRR § 617.5(c)(31)).

Under SEQRA, no further action or review is required for Type II actions.

Fiscal Implications:

There are no fiscal implications as a result of this SEQR Resolution.

3500016.1

City of Auburn, New York

SEQR RESOLUTION #3 OF 2020

DETERMINING THAT PROPOSED ACTIVITIES ARE TYPE II ACTIONSFOR PURPOSES OF THE NEW YORK STATE ENVIRONMENTAL

QUALITY REVIEW ACTBy Councilor _______________ March 19, 2020

WHEREAS, the City Council of the City of Auburn, New York (the “City”) is the sponsor of various capital activities including the purchase of machinery and equipment for the Department of Public Works; replacement, rehabilitation, reconstruction, repairs, andimprovements to existing City water mains, sewers, and sewer meters; digital mapping of the City’s existing sewer and stormwater infrastructure system; and advancing the design phases for projects to repair, rehabilitate, and improve the Slow Sand Filter Building at the City’s Water Filtration Plant, the Biosolids Dryer at the City’s wastewater treatment plant, and the Combined Sewer Treatment facilities that are part of the sewer collection system (the “Project”); and

WHEREAS, the City desires to comply with the New York State Environmental Quality Review Act (“SEQRA”), as set forth in Article 8 of the New York State Environmental Conservation Law, and the regulations set forth at 6 NYCRR Part 617 (the “Regulations”) with respect to the Project; and

WHEREAS, pursuant to the Regulations, the City has considered the Project in light of the actions included on the Type I and Type II lists as specified in Sections 617.4 and 617.5, respectively, of the Regulations.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Auburn that the Project constitutes a “Type II Action” under SEQRA because each activity falls within the ambit of one or more of the following actions included on the Type II list specified in Section 617.5 of the Regulations, and the Project is not subject to further review; and

BE IT FURTHER RESOLVED that this Resolution shall take effect immediately.

Seconded by Councilor: ________________Ayes Noes

Councilor McCormickCouncilor GiannettinoCouncilor CuddyCouncilor LocastroMayor Quill

Carried and Adopted

3500016.1

STATE OF NEW YORK )

) SS.:COUNTY OF CAYUGA )

I, Charles Mason, Clerk of the City of Auburn, Cayuga County, New York (the "City"), DO HEREBY CERTIFY:

That I have compared the annexed abstract of the minutes of the meeting of the Council of the City, held on the 19th day of March, 2020, including the Ordinance contained therein, with the original thereof on file in my office, and the same is a true and correct copy of said original and of the whole of said original so far as the same relates to the subject matters therein referred to.

I FURTHER CERTIFY that the full Council of the City consists of five (5) members; that ____(__) members of the Council were present at such meeting; and that ____(__) of such members voted in favor of the above Ordinance.

I FURTHER CERTIFY that (i) all members of the Council had due notice of the meeting, (ii) pursuant to Article 7 of the Public Officers Law (Open Meetings Law), such meeting was open to the general public, and due notice of the time and place of such meeting was duly given in accordance with Article 7 of the Public Officers Law, and (iii) the meeting was in all respects duly held.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City this 19th day of March, 2020.

________________________________Charles Mason, Clerk, City of Auburn, Cayuga County, New York

(SEAL)

COUNCIL MEMORANDUM

Memorial City Hall24 South Street

Auburn, New York 13021

TO: Honorable Mayor and Members of City Council

FROM: Christina J. Selvek, Dir. of Capital Projects & Grants

DATE: March 19, 2020

RE: SEQRA Resolution #4 of 2020 Classifying the State Street Bridge Rehabilitation Project as an Unlisted Action under SEQRA and Issuing a Negative Declaration for the project.

Background:

On April 6, 2017, per Agreement Resolution #50 of 2017, the City of Auburn accepted a notice of grant award from the New York BRIDGE NY Program in the amount of $4,750,000 towards the State Street Bridge Project.

Shortly thereafter, the City hired C&S Engineers to complete the project scoping, preliminary and detail design for the bridge replacement project. The final Project Scoping/ Design Report for the State Street Bridge Project was approved in September 2018. The report included the Part 1 SEAF and classified the Project as an Unlisted Action.

Prior to the Auburn City Council considering authorizing a general municipal bond for the project, the Council must also evaluate the bonded project in accordance with the State Environmental Quality Review Act (SEQRA).

Based upon the previously completed Part 1 SEAF, bond counsel prepared a Full EAF Parts 2 & 3 for the City Council’s review and consideration. Parts 1, 2 & 3 of the Full EAF, including reasons supporting the determination of significance, is attached.

As indicated in the Full EAF and based on staff’s knowledge of the project, it is anticipated that:

1. The Project will not result in (i) substantial adverse change in existing air quality; ground or surface water quality or quantity, traffic or noise levels; a substantial increase in solid waste production; or a substantial increase in potential for erosion, flooding, leaching or drainage problems; (ii) the removal or destruction of large quantities of vegetation or fauna; substantial interference with the movement of a resident or migratory fish or wildlife species; impacts on a significant habitat area; substantial adverse impacts on

threatened or endangered species of animal or plant, or the habitat of such species; or (iii) other significant adverse impacts to natural resources;

2. The Project will not affect a critical environmental area as designated pursuant to 6 NYCRR § 617.14(g);

3. The Project will not conflict with the community's current plans or goals as officially approved or adopted;

4. The Project will not result in the impairment of the character or quality of important historical, archeological, architectural, or aesthetic resources or of existing community or neighborhood character;

5. The Project will not result in a major change in the use of either the quantity or type of energy;

6. The Project will not result in the creation of a hazard to human health;7. The Project will not result in a substantial change in the use, or intensity of use, of land

including architectural, open space or recreational resources, or in its capacity to support existing uses;

8. The Project will not result in encouraging or attracting of a large number of people to a place or places for more than a few days, compared to the number of people who would come to such place absent the action;

9. The Project will not result in the creation of a material demand for other actions that would result in one or more of the above consequences;

10. The Project will not result in changes in two or more elements of the environment, no one of which has a significant impact on the environment, but when considered together result in a substantial adverse impact on the environment; and

11. The Project will not result in two or more related actions undertaken, funded or approved by an agency, none of which has or would have a significant impact on the environment, but when considered cumulatively would meet one or more of the criteria in 6 NYCRR § 617.7(c); and

Therefore, it is recommended that the City Council approve the attached Full EAF (Parts 1, 2, and 3, with the supporting written elaboration), and issue a Negative Declaration for the Project.Documents relating to the Project shall be maintained in City records that are readily accessible to the public, subject only to the limitations established by the Freedom of Information Law.

Fiscal Implications:

There are no fiscal implications as a result of this SEQRA Resolution.

City of Auburn, New York

SEQR RESOLUTION #4 OF 2020

DETERMINING THAT A PROJECT TO REPLACE THE STATE STREET BRIDGE IS AN UNLISTED ACTION AND WILL NOT HAVE A SIGNIFICANT ADVERSE

ENVIRONMENTAL IMPACTBy Councilor _______________ March 19, 2020

WHEREAS, the City of Auburn (the “City”) is the sponsor of a proposed project to remove the existing State Street Bridge over the Owasco River located in downtown Auburn, NY, and to replace it with a new bridge on the same alignment (the “Project”); and

WHEREAS, the City intends to comply with the New York State Environmental Quality Review Act (“SEQRA”) and the implementing regulations set forth at 6 NYCRR Part 617 (the “Regulations”) with respect to the Project; and

WHEREAS, the City has prepared and completed Parts 1, 2, and 3 of a Full Environmental Assessment Form (“FEAF”) for the Project, and compared the impacts that may reasonably be expected to result from the Project to the criteria for determining significance as identified in Section 617.7(c)(1) of the Regulations, which is attached hereto and incorporated herein; and

WHEREAS, pursuant to the Regulations, the City has considered the Project in light of the actions included on the Type I list specified in Section 617.4 of the Regulations and on the Type II list specified in Section 617.5 of the Regulations; and

WHEREAS, the City Council has considered the significance of the potential environmental impacts of the Project and said review has resulted in a reasoned determination that the proposed action will NOT result in any large and important impact(s) and, therefore, is one which will not have a significant negative impact on the environment.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Auburn that based upon an examination of the EAF and other available supporting information, the knowledge about the area surrounding the Project, and such further investigation of the Project and its potential environmental impacts as the City has deemed appropriate, the City makes the following findings and determinations with respect to the Project:

1. The Project be classified as a “Unlisted Action”, as the quoted term is defined in the Regulations; and

2. The City wishes to undertake an uncoordinated review for the Project and is acting as the lead agency for its review of the Project; and

3. That a NEGATIVE DECLARATION for the proposed Project be issued in full compliance with the New York State Environmental Conservation Law and the New York State Quality Review Act; and

4. That the City Clerk and City staff are authorized to take such additional steps as may be necessary to carry out this Resolution; and

5. That this Resolution shall take effect immediately.

Seconded by Councilor _______________

Ayes NoesCouncilor McCormickCouncilor GiannettinoCouncilor CuddyCouncilor LocastroMayor Quill

Carried and Adopted

STATE OF NEW YORK )

) SS.:COUNTY OF CAYUGA )

I, Charles Mason, Clerk of the City of Auburn, Cayuga County, New York (the "City"), DO HEREBY CERTIFY:

That I have compared the annexed abstract of the minutes of the meeting of the Council of the City, held on the 19th day of March, 2020, including the Ordinance contained therein, with the original thereof on file in my office, and the same is a true and correct copy of said original and of the whole of said original so far as the same relates to the subject matters therein referred to.

I FURTHER CERTIFY that the full Council of the City consists of five (5) members; that ____(__) members of the Council were present at such meeting; and that ____(__) of such members voted in favor of the above Ordinance.

I FURTHER CERTIFY that (i) all members of the Council had due notice of the meeting, (ii) pursuant to Article 7 of the Public Officers Law (Open Meetings Law), such meeting was open to the general public, and due notice of the time and place of such meeting was duly given in accordance with Article 7 of the Public Officers Law, and (iii) the meeting was in all respects duly held.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City this ___ day of March, 2020.

________________________________Charles Mason, Clerk, City of Auburn, Cayuga County, New York

(SEAL)

Page 1 of 2

Agency Use Only [If applicable]

Project:

Date:

Short Environmental Assessment Form Part 2 - Impact Assessment

Part 2 is to be completed by the Lead Agency.Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by

the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by

the concept “Have my responses been reasonable considering the scale and context of the proposed action?”

No, or

small

impact

may

occur

Moderate

to large

impact

may

occur

1. Will the proposed action create a material conflict with an adopted land use plan or zoning

regulations?

2. Will the proposed action result in a change in the use or intensity of use of land?

3. Will the proposed action impair the character or quality of the existing community?

4. Will the proposed action have an impact on the environmental characteristics that caused the

establishment of a Critical Environmental Area (CEA)?

5. Will the proposed action result in an adverse change in the existing level of traffic or

affect existing infrastructure for mass transit, biking or walkway?

6. Will the proposed action cause an increase in the use of energy and it fails to incorporatereasonably available energy conservation or renewable energy opportunities?

7. Will the proposed action impact existing:a. public / private water supplies?

b. public / private wastewater treatment utilities?

8. Will the proposed action impair the character or quality of important historic, archaeological,architectural or aesthetic resources?

9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands,waterbodies, groundwater, air quality, flora and fauna)?

10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage

problems?

11. Will the proposed action create a hazard to environmental resources or human health?

SEAF 2019

Agency Use Only [If applicable]

rro~e~c: State Street Bridge Proj.Date:

Short Environmental Assessment FormPart 3 Determination of Significance

For every question in Part 2 that was answered "moderate to large impact may occur", or if there is a need to explain why aparticular element of the proposed action may or will not result in a significant adverse environmental impact, pleasecomplete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements thathave been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agencydetermined that the impact may or will not be significant. Each potential impact should be assessed considering its setting,probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-term, long-term and cumulative impacts.

See attached.

❑ Check this box if you have determined, based on the information and analysis above, and any supporting documentation,that the proposed action may result in one or more potentially large or significant adverse impacts and anenvironmental impact statement is required.Check this box if you have determined, based on the information and analysis above, and any supporting documentation,that the proposed action will not result in any significant adverse environmental impacts.

City of Auburn

Namc of Lcad Agcncy

Print or Type Name of Responsible Officer in Lead Agency

Signature of Responsible Officer in bead Agency

Date

~ Title of Responsible Officer

Signature of Prepa~er (if i fe nt from Responsible Officer)

~RINT FORM ~ Page 2 oft

1 3510224.2

Reasons Supporting Determination of Significance Attachment to Part 3 of Environmental Assessment Form

Description of the Proposed Project

The City of Auburn (the “City”) is proposing to remove the existing State Street Bridge and replace it with a new bridge on the same alignment (the “Project”), situated on State Street over the Owasco River Outlet, Cayuga County, Auburn, New York (the “Site”). The existing bridge is 36 years old and, due to the significant traffic and harsh winters that this bridge experiences, the bridge would either need to undergo major rehabilitation or needs to be replaced.

The Project was proposed to restore the structural capacity and extend the

structure service life of the bridge for another 75 years. The continued operation of a bridge at this location is important. The existing bridge serves as a critical link between downtown Auburn and the northern section of the city, serving dozens of businesses and local residences as well as the rural communities immediately north of the City. The bridge provides access for commerce, employment and emergency services for more than 6,400 vehicles per day. Many pedestrians and bicyclists also rely on this bridge. Critical water, electric, gas, telephone and cable lines also cross the river on this bridge.

The proposed Project consists of the complete removal and replacement of the

existing State Street Bridge over the Owasco River Outlet; the newly constructed bridge will follow the same alignment as the existing bridge. The Project involves resizing the existing bridge and abutments and includes constructing a two-lane bridge to include sidewalks and overhead street lighting. Work within the Owasco River will be limited to the installation of temporary cofferdams to perform concrete abutment and retaining wall work. The proposed Project work also includes the acquisition of several rights-of-way (“ROWs”) necessary for the reconstruction of the road and the acquisition of the Patel property, which is currently a brownfield site. Reasons Supporting Determination of Significance

Because the Project entails replacing the existing bridge with a new bridge along the same alignment, the environmental impacts associated with the Project are generally limited.

1. Land The Project will replace the already existing bridge and involves less than 1 acre

of ground disturbance. The Project’s impacts on land will be small and will mainly occur during construction. The land uses that occur on or adjoining the Project area include urban, commercial, railway, and land use as a correctional facility. The proposed actions for the Project are permitted uses under the zoning regulations for the Site and are consistent with the adopted comprehensive plan.

2 3510224.2

2. Community Character The Project will not adversely impact community character. Since the Project

entails replacement of the existing bridge, the Project will not change the intensity or nature of land use at the Site. While minor changes to the aesthetic of the bridge will occur, these changes will not adversely change or impact the character of the area. The bridge superstructure will feature aesthetic treatments including decorative bridge rail, lighting fixtures, and architectural fascia panels. The new abutments will feature an architectural treatment intended to mimic the appearance of the existing stone abutments adjacent to the Site. Thus, the Project is consistent with the predominant character of the existing and natural and built landscape. The Project is also consistent with the community’s comprehensive plan and/or local or regional planning goals, and the Project will not adversely affect any planned or future development.

Landscape enhancements are included in the Project that will improve the

aesthetics of the area and benefit the community. For example, the Project includes construction of a pocket park at the northeast quadrant of the bridge. This pocket park will act as a node for the Owasco River Greenway Trail which extends south on State Street and West Garden Street. The pocket park will include an overlook of the river, interpretative signage, street furniture, lighting and plantings.

3. Historic, Archaeological, and Cultural Resources The Project will not adversely impact historical, archaeological, or cultural

resources. The Site does not contain any structures listed on the State or National Registers of Historic Places, but the Site is located within an archeological sensitive area. However, the Project as proposed has limited potential to impact archaeological resources. Road resurfacing and installation of new bridge abutments will cause ground disturbance, but the replacement bridge will be constructed on the existing alignment, and ground disturbance will include impact to land previously disturbed by the construction of the bridge and adjoining roadway dating prior to 1980. Some widening of the bridge approaches will occur; however, widening will occur within the existing right of way in areas that have been previously disturbed for the construction of the bridge and existing paved roadways and driveways.

The Project area is adjacent to the Auburn Correctional Facility, which was

determined eligible for listing on the historic register, but the Project will not adversely affect this resource since the Project entails replacement of the existing bridge. Ground disturbance will be restricted to the existing bridge abutments and previously disturbed paved lands in a developed urban area.

4. Traffic and Transportation The Project will not result in an adverse change to the existing level of traffic and

will only temporarily affect the existing traffic route presently used for vehicular, bicycle, and pedestrian travel (during construction). The Project will not increase in traffic above its present levels, but rather will reroute existing traffic along a planned detour route to be maintained during construction. The proposed detour will use State Street (NYS

3 3510224.2

Route 38), US 20/NY 5 Eastbound and Westbound, North Street (NYS Route 34), and Seymour Street. The total detour route is approximately 1 mile with an approximate travel time of 3 to 5 minutes. The existing road system will be able to handle the increase in traffic and, to further improve the individual Levels of Service for several of the detour approaches, some adjustments will be to the cycle lengths for several intersections to allow traffic to move more efficiently under the detour conditions.

Public transportation service, pedestrian accommodations and bicycle routes are

available at/on or near the Project Site. Pedestrian and bicycle traffic will be detoured using a portion of the Owasco River Greenway Trail located on West Garden Street and the sidewalk facilities on Arterial West. Bicyclists will be required to walk their bicycles on the sidewalks along the Arterial for safety. Sidewalks already exist and the Project includes re-construction of new sidewalks to link to existing ones.

During construction, minor work to the traffic signal may be required, such as

replacement of detector loops due to milling and resurfacing and adjustment of signal heads/signs on the mast arm over State Street.

Once completed, the Project will have beneficial impacts for transportation. The

Project will create a new bridge that will include travel lanes with new roadway striping to accommodate bicyclists (shared use lanes), an improvement from the existing conditions at the bridge. This Project will not add any thru- or turn-lanes, therefore the existing approach lane configurations will remain the same.

Overall, this Project will have a small impact on traffic and transportation.

5. Natural Resources

A portion of the Project Site contains a federal wetland, but the proposed action would not physically alter or encroach into any existing wetland or waterbody. National Wetland Inventory (NWI) mapping indicates the presence of one mapped wetland within the Project area. The total acreage of NWI mapped wetlands within the Project area is 0.30 acres and is a permanently flooded riverine community. NYSDEC Freshwater Wetlands maps indicate there are no state-mapped wetlands that overlap the Project area and field ecologists did not identify wetlands within the Project area.

One threatened species may potentially be present in the Project vicinity: the

Northern long-eared bat (NLEB). The existing bridge structure is considered potential NLEB habitat; however, no evidence of bats was observed at or under the bridge based on a site visit. The IPaC resource listed NLEB as potentially located within the Project area, but New York State resources have not identified the NLEB within five miles of the Project. Based on the habitat requirements of the NLEB, the Project site does not contain habitat suitable for the listed threatened and endangered species identified for the Project vicinity. Limited tree removal is expected to occur, but any tree removal will occur during the inactive season for the NLEB following the appropriate avoidance and minimization measures. Therefore, the Project will not impact protected species.

4 3510224.2

The Project does not include construction or other activities that would result in the impoundment of water or other liquids (e.g. retention pond, waste lagoon, or dam). Neither the Site or adjoining property of the Project have been the location of an active or closed solid waste management facility. The project includes land clearing that disturbs less than one-acre of land. The Project may have minor impacts on noise or air during construction, primarily associated with construction vehicles and construction activities, however those impacts are temporary in nature and will occur in an urban area where surrounding ambient noise at urban levels.

The Project Site is located in the 100-year flood zone and marginally within the

500-year flood zone, but the proposed actions for the Project will not create storm water discharge, either from point or non-point sources. Furthermore, the Project, as a replacement of a bridge over an existing stream, is considered a functionally dependent use that is not subject to floodplain encroachment requirements. The Project will not impact or increase the likelihood of flooding.

This Project will disturb less than one acre of land and will not require coverage under the SPDES General Permit for Construction Activity. However, the Project still incorporates erosion and sedimentation control measures project. Erosion and sedimentation control plans will be consistent with the NYS Department of Transportation Standard Specification for Temporary Soil Erosion and Water Pollution Control, New York State Stormwater Management Design Manual, and the Standards and Specifications for Erosion and Sediment Control. Adherence to design standards, inspection and quality control during construction, and periodic cleaning of soil erosion and sediment control features will minimize and mitigate the potential for erosion and sedimentation. Thus, impacts associated with erosion will be small.

6. Hazards to Environmental Resources of Human Health

As part of this Project, Phase I & II Environmental Site Assessments (ESA) were completed for the proposed Project Site, including the two parcels of adjacent land to be acquired as part of the Project. One of those properties (the Patel property at 50 West Garden Street) is a brownfield site. Records indicate the property had documented use of petroleum-impacted sand during prior building demolition and an exposed underground storage tank was identified on the property during site reconnaissance. There was also some evidence that petroleum impacts remain onsite. Accordingly, the Project includes the excavation, segregation, storage, and management of potential contaminated soil, as well as the sampling, analysis, and subsequent disposal of the soil, as needed. Assessment/remediation will be conducted as needed. The cleanup of contaminated soils is environmentally beneficial. This work will be managed to avoid further contamination, consistent with the requirements outlined in NYSDOT Standard Specification Section 205: Contaminated Materials Handling Plan (procedures for segregating contaminated soil during excavation, soil storage / stockpile procedures, health and safety issues, etc.); the Field Organic Vapor Monitoring Plan (soil screening and segregation procedures); the Sampling Plan (describing the sample collection and handling procedures and types of laboratory testing to be performed); and the Disposal

5 3510224.2

Plan (identifying who will transport and dispose or treat the contaminated soil and their respective certifications/permits). The area of the Project work that involves potentially contaminated soils from the brownfield site is small and the environmental impact associated with these concerns is likewise small.

An on-site visual screening followed by an asbestos survey confirmed that minor

asbestos-containing material will be removed during the bridge replacement. Specifically, asbestos is contained in the gas line wrap around a gas pipe running across the bridge. The gas line is owned and maintained by NYSEG, which will be responsible for the removal and abatement of the gas main during construction. A licensed asbestos abatement contractor will be required to handle, remove and dispose of the material in accordance applicable legal requirements.

Accordingly, the Project will have no significant adverse impacts on human

health or natural and environmental resources. The Project will not result in any significant adverse impacts on the environment,

and, therefore, an environmental impact statement need not be prepared. Accordingly, a negative declaration is issued.

COUNCIL MEMORANDUM

Memorial City Hall24 South Street

Auburn, New York 13021

TO: Honorable Mayor and Members of City Council

FROM: Christina J. Selvek, Director of Capital Projects

DATE: March 19, 2020

RE: BOND ORDINANCE #4 OF 2020- Sewer Fund Capital Projects

Background:On February 6, 2020 the City Council adopted the FY 2020-2024 Capital Improvement Program for the City of Auburn. Proposed within the FY 2020 CIP is the borrowing of up to $4,000,000for sewer fund projects that are as follows:

Sewer Fund Borrowing- FY2020ProjectsBiosolids Dryer Improvement Project- Design Only $2,000,000 Wholesale Sewer Meter Replacement Project- Construction $1,100,000 CSO Facility & Sewer Separation- Design Only $600,000 Phase II Sewer GIS Mapping $100,000 VehiclesReplacement of Vehicle #104 $200,000

$ 4,000,000

The City Municipal Utilities Department is requesting funding assistance to start the design and engineering of two major sewer projects, the first being the conversion of the City’s current sludge hauling process to a nutrient management system that involves drying the biosolids to reduce trucking fees for a long-term cost savings to the Sewer Fund operating budget. Second is a Combined Sewer Overflow (CSO) and sewer separation design analysis to continue keeping the sewer system operational.

In cooperation with the Towns, the City is also undertaking a wholesale sewer meter replacement project that will aid the City and Towns in more accurately tracking flows within the sanitary system. Finally, the City is seeking funding assistance to finalize the city-wide GIS mapping project and to replace a 2011 10-wheel dump truck for the sewer department use.

More information on the projects can be found in the adopted FY 2020-2024 CIP available at: https://www.auburnny.gov/city-managers-office

Fiscal Implications:Authorization of Bond Ordinance #4 of 2020 in the amount of $4,000,000 in sewer fund debt is consistent with the City’s Financial Policy and would allow the City’s Municipal Utilities Department to move forward with necessary capital improvements to deteriorated sewer meters and plants for upgrades to critical infrastructure at the Wastewater Treatment Plant and CSO facilities throughout the City.

3499437.1

By: Councilor ___________ March 19, 2020

BOND ORDINANCE #4 OF 2020

BOND ORDINANCE OF THE CITY OF AUBURN, CAYUGA COUNTY, NEW YORK, AUTHORIZING THE ISSUANCE

OF $4,000,000 SERIAL BONDS TO FINANCE THE COST OF IMPROVEMENTS TO THE CITY SEWER SYSTEM

BE IT ORDAINED by Council of the City of Auburn, Cayuga County, New York (the “City Council”) as follows:

Section 1. The City of Auburn, Cayuga County, New York (the "City") is hereby authorized to undertake the various capital projects described below (each, a “Project”) at an aggregate estimated maximum cost of $4,000,000, the estimated maximum cost of each Project being as follows:

(a) Sewer System Improvements – Biosolids Dryer Improvement Project: The reconstruction and improvement of the City’s Wastewater Treatment Plant and sewer system including, but not limited to, the biosolids dryer improvements project, the acquisition and installation of original furnishings, equipment, machinery or apparatus required, costs of surveys, maps, plans and environmental, engineering, feasibility and other design studies, at an estimated maximum cost of $2,000,000 and to issue an aggregate $2,000,000 in serial bonds pursuant to the provisions of the Local Finance Law to finance the estimated costs of the aforesaid object or purpose.

(b) Wholesale Sewer Replacement: The reconstruction and improvement of the City’s sewer system including, but not limited to, the replacement and rehabilitation of wholesale sewer revenue meter connections, replacement of manholes with partial flumes and flow monitoring devices, the replacement of flow monitoring technology, the acquisition and installation of original furnishings, equipment, machinery or apparatus required, at an estimated maximum cost of $1,100,000 and to issue an aggregate $1,100,000 in serial bonds pursuant to the provisions of the Local Finance Law to finance the estimated costs of the aforesaid object or purpose.

(c) CSO Facility and Sewer Separation: The reconstruction and improvement of the City’s Wastewater Treatment Plant and sewer system including, but not limited to, rehabilitation and improvement of the combined sewer overflow, replacement of pumps and tanks associated with the City’s disinfection system, the acquisition and installation of original furnishings, equipment, machinery or apparatus required, costs of surveys, maps, plans and environmental, engineering, feasibility and other design studies, at an estimated maximum cost of $600,000 and to issue an aggregate $600,000 in serial bonds pursuant to the provisions of the Local Finance Law to finance the estimated costs of the aforesaid object or purpose.

(d) Sewer GIS Mapping: The acquisition of original equipment, machinery, apparatus or furnishings for any physical public betterment or improvement or required for the purposes for which the physical public betterment or improvement is to be used,

2 3499437.1

including the installation of a digitally mapped infrastructure system for the Sewer Department, at an estimated maximum cost of $100,000 and to issue an aggregate $100,000 in serial bonds pursuant to the provisions of the Local Finance Law to finance the estimated costs of the aforesaid object or purpose.

(e) Sewer Department Maintenance Truck. The purchase of machinery and apparatus to be used for constructing, reconstructing, repairing, maintaining or removing snow and ice from City sewer improvements, the cost of which is $30,000 or more, including, but not limited to, an international dump truck with plow for the City Sewer Department, at an estimated maximum cost of $200,000 and to issue an aggregate $200,000 in serial bonds pursuant to the provisions of the Local Finance Law to finance the estimated costs of the aforesaid object or purpose.

Section 2. It is hereby determined that the maximum estimated cost of theaforesaid specific objects or purposes is $4,000,000, said amount is hereby appropriated therefor and the plan for the financing thereof shall consist of the issuance of $4,000,000 in serial bonds (the "Bonds") of the City authorized to be issued pursuant to this Ordinance.

Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific objects or purposes described in Section 1 are as follows:

Section 1 SubparagraphPeriod of Probable Usefulness (Years)

Local Finance Law Section 11.00(a)

Paragraph

(a) Sewer Biosolids Dryer Improvement 40 4(b) Wholesale Sewer Replacement 40 4(c) CSO Facility and Sewer Separation 40 4(d) Sewer GIS Mapping 5 32(e) Sewer Department Maintenance Truck 15 28

Section 4. Pursuant to Section 107.00(d)(3)(l) of the Local Finance Law, current funds are not required to be provided prior to issuance of the Bonds or any bond anticipation notes issued in anticipation of issuance of the Bonds.

Section 5. The temporary use of available funds of the City, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the capital purposes described in Section 1 of this Ordinance.

Section 6. The Bonds and any bond anticipation notes issued in anticipation of the Bonds, shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law and the Bonds, and any bond anticipation notes issued in anticipation of the Bonds, shall be general obligations of the City, payable as to both principal and interest by a general tax upon all the real property within the City without legal or constitutional limitation as to rate or amount. The faith and credit of the City are hereby irrevocably pledged to the punctual payment of the principal of and interest on the

3 3499437.1

Bonds, and any bond anticipation notes issued in anticipation of the Bonds, and provision shall be made annually in the budget of the City by appropriation for (a) the amortization and redemption of the Bonds and bond anticipation notes to mature in such year, and (b) the payment of interest to be due and payable in such year.

Section 7. Subject to the provisions of this Ordinance and of the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 63.00, inclusive, of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the Bonds herein authorized, including renewals of such notes, and the power to prescribe the terms, form and contents of the Bonds, and any bond anticipation notes, and the power to sell and deliver the Bonds and any bond anticipation notes issued in anticipation of the issuance of the Bonds, and the power to issue bonds providing for level or substantially level or declining annual debt service, is hereby delegated to the Comptroller, the Chief Fiscal Officer of the City.

Section 8. The reasonably expected source of funds to be used to initially pay for the expenditures authorized by Section 1 of this Ordinance shall be from the City's General Fund. It is intended that the City shall then reimburse such expenditures with the proceeds of the Bonds and bond anticipation notes authorized by this Ordinanceand that the interest payable on the Bonds and any bond anticipation notes issued in anticipation of the Bonds shall be excludable from gross income for federal income tax purposes. This Ordinance is intended to constitute the declaration of the City's "official intent" to reimburse the expenditures authorized by this Ordinance with the proceeds of the Bonds and bond anticipation notes authorized herein, as required by Treasury Regulation Section 1.150-2. Other than as specified in this Ordinance, no moneys are reasonably expected to be received, allocated on a long term basis, or otherwise set aside with respect to the permanent funding of the objects or purposes described herein.

Section 9. The serial bonds and bond anticipation notes authorized to be issued by this Ordinance are hereby authorized to be consolidated, at the option of the City's Comptroller, the Chief Fiscal Officer of the City, with the serial bonds and bond anticipation notes authorized by other bond Ordinances previously or hereafter adopted by the Common Council for purposes of sale in one or more bond or note issues aggregating an amount not to exceed the amount authorized in such Ordinances. All matters regarding the sale of the bonds, including the date of the bonds, the use of electronic bidding, the consolidation of the serial bonds and the bond anticipation notes with other issues of the City and the serial maturities of the bonds are hereby delegated to the Comptroller, the Chief Fiscal Officer of the City.

Section 10. The City Comptroller, as Chief Fiscal Officer of the City, is further authorized to sell all or a portion of the Bonds, and any bond anticipation notes issued in anticipation of the Bonds, to the New York State Environmental Facilities Corporation (the "EFC") in the form prescribed in one or more loan and/or grant agreements (the "Agreements") between the City and the EFC; to execute and deliver on behalf of the City one or more Agreements, Project Financing Agreements, and Letters of Intent with the EFC and to accept the definitive terms of one or more Agreements from EFC by

4 3499437.1

executing and delivering one or more Terms Certificates; and to execute such other documents, and take such other actions, as are necessary or appropriate to obtain a loan or loans from the EFC for all or a portion of the costs of the expenditures authorized by this Ordinance, and perform the City's obligations under its Bonds or bond anticipation notes delivered to the EFC, the Project Financing Agreements and the Agreements.

Section 11. Any federal or New York State grant funds obtained by the City for the capital purposes described in Section 1 of this Ordinance shall be applied to pay the principal of and interest on the Bonds or any bond anticipation notes issued in anticipation of the Bonds or to the extent obligations shall not have been issued under this Ordinance, to reduce the maximum amount to be borrowed for such capital purposes.

Section 12. The validity of the Bonds authorized by this Ordinance and of any bond anticipation notes issued in anticipation of the Bonds may be contested only if:

(a) such obligations are authorized for an object or purpose for which the City is not authorized to expend money; or

(b) the provisions of law which should be complied with at the date of the publication of this Ordinance or a summary hereof are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication; or

(c) such obligations are authorized in violation of the provisions of the Constitution.

Section 13. The City Comptroller, as Chief Fiscal Officer of the City, is hereby authorized to enter into an undertaking for the benefit of the holders of the Bonds from time to time, and any bond anticipation notes issued in anticipation of the sale of the Bonds, requiring the City to provide secondary market disclosure as required by Securities and Exchange Commission Rule 15c2-12.

Section 14. The City Comptroller, as Chief Fiscal Officer of the City, is hereby authorized to file an application with the New York State Comptroller pursuant to Section 124.10 of the Local Finance Law to exclude the proposed indebtedness authorized herein from the constitutional and statutory debt limits of the City.

Section 15. This Ordinance, or a summary of this Ordinance, shall be published in the official newspapers of the City for such purpose, together with a notice of the Clerk of the City in substantially the form provided in Section 81.00 of the Local Finance Law.

Section 16. This Ordinance is not subject to a mandatory or permissive referendum.

5 3499437.1

Section 17. The Common Council hereby determines that the provisions of the State Environmental Quality Review Act and the regulations thereunder have previously been satisfied with respect to the expenditures authorized by this Ordinance.

Section 18. This Ordinance shall take effect immediately upon its adoption.

Seconded by Councilor ________Ayes Noes

Councilor McCormick � �Councilor Giannettino � �Councilor Cuddy � �Councilor Locastro � �Mayor Quill � �

Carried and Adopted

6 3499437.1

STATE OF NEW YORK )) SS.:

COUNTY OF CAYUGA )

I, Charles Mason, Clerk of the City of Auburn, Cayuga County, New York (the “City”), DO HEREBY CERTIFY:

That I have compared the annexed abstract of the minutes of the meeting of the Council of the City (the “City Council”) held on the 19th day of March, 2020, including the Ordinance contained therein, with the original thereof on file in my office, and the same is a true and correct copy of said original and of the whole of said original so far as the same relates to the subject matters therein referred to.

I FURTHER CERTIFY that the full City Council consists of five (5) members; that ____(__) members of the City Council were present at such meeting; and that ____(__) of such members voted in favor of the above Ordinance.

I FURTHER CERTIFY that (i) all members of the City Council had due notice of the meeting, (ii) pursuant to Article 7 of the Public Officers Law (Open Meetings Law), such meeting was open to the general public, and due notice of the time and place of such meeting was duly given in accordance with Article 7 of the Public Officers Law, and (iii) the meeting was in all respects duly held.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City this ____ day of March, 2020.

____________________________________Charles Mason, ClerkCity of Auburn, Cayuga County, New York

(SEAL)

COUNCIL MEMORANDUM

Memorial City Hall24 South Street

Auburn, New York 13021

TO: Honorable Mayor and Members of City Council

FROM: Christina J. Selvek, Director of Capital Projects

DATE: March 19, 2020

RE: BOND ORDINANCE #5 OF 2020- Water Fund Capital Projects

Background:On February 6, 2020 the City Council adopted the FY 2020-2024 Capital Improvement Program for the City of Auburn. Proposed within the FY 2020 CIP is the borrowing of up to $1,902,000for water fund projects that are as follows:

Water Fund Borrowing- FY2020Zebra Mussel Control Project (Construction) $902,000 Slow Sand Building Improvements (Design) $300,000 City-wide Water Main Improvement Project $700,000

$ 1,902,000

The City Municipal Utilities Department is currently out to bid for construction services for upgrades needed to the existing zebra mussel control system located at the Upper Pump Station. This is a vital component of the City’s water quality system and keeps zebra mussels from entering the raw water transmission line. In addition, the City Water Department is seeking funds to start the design and engineering phase of improvements to the Slow Sand Building at the Water Filtration Plant.

To continue with the investment in the City’s water main infrastructure, staff is requesting an additional $700,000 to address water main work on Dunning Ave., Auburn Ave., Rochester St, and potentially the intersection of Grant Ave and Prospect Street.

Fiscal Implications:Authorization of Bond Ordinance #5 of 2020 in the amount of $1,902,000 in water fund debt is consistent with the City’s Financial Policy and would allow the City’s Municipal Utilities Department to move forward with necessary capital improvements to deteriorated water mains and upgrade critical water quality infrastructure.

3499220.1

By: Councilor ___________ March 19, 2020

BOND ORDINANCE #5 OF 2020

BOND ORDINANCE OF THE CITY OF AUBURN, CAYUGA COUNTY, NEW YORK, AUTHORIZING THE ISSUANCE

OF $1,902,000 SERIAL BONDS TO FINANCE THE COST OF IMPROVEMENTS TO THE CITY WATER SYSTEM

BE IT ORDAINED by Council of the City of Auburn, Cayuga County, New York (the “City Council”) as follows:

Section 1. The City of Auburn, Cayuga County, New York (the “City”) is hereby authorized to undertake the various capital projects described below (each, a “Project”) at an aggregate estimated maximum cost of $1,902,000, the estimated maximum cost of each Project being as follows:

(a) Water Pump Equipment Replacement. The reconstruction of the City’s water supply and distribution system, including, but not limited to, the replacement of the pump equipment inside the upper pump station, the replacement of the chemical feed line from the pump station to the Lake, whether or not including buildings, land or rights in land, original furnishings, equipment, machinery or apparatus, or the replacement of such equipment, machinery or apparatus, at an estimated maximum cost of $902,000 and to issue an aggregate $902,000 in serial bonds pursuant to the provisions of the Local Finance Law to finance the estimated costs of the aforesaid object or purpose.

(b) Water Filtration Plant Improvements. The reconstruction of the City’s water supply and distribution system, including, but not limited to, the reconstruction and improvement of the existing water filtration plant, whether or not including buildings, land or rights in land, original furnishings, equipment, machinery or apparatus, or the replacement of such equipment, machinery or apparatus, costs of surveys, maps, plans and environmental, engineering, feasibility and other design studies, at an estimated maximum cost of $300,000 and to issue an aggregate $300,000 in serial bonds pursuant to the provisions of the Local Finance Law to finance the estimated costs of the aforesaid object or purpose.

(c) Water Main Replacements: The reconstruction of the City’s water supply and distribution system, including, but not limited to, the replacement of City-wide water mains, hydrants and valves, whether or not including buildings, land or rights in land, original furnishings, equipment, machinery or apparatus, or the replacement of such equipment, machinery or apparatus, at an estimated maximum cost of $700,000 and to issue an aggregate $700,000 in serial bonds pursuant to the provisions of the Local Finance Law to finance the estimated costs of the aforesaid object or purpose.

2 3499220.1

Section 2. It is hereby determined that the maximum estimated cost of theaforesaid specific objects or purposes is $1,902,000, said amount is hereby appropriated therefor and the plan for the financing thereof shall consist of the issuance of $1,902,000 in serial bonds (the "Bonds") of the City authorized to be issued pursuant to this Ordinance.

Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific objects or purposes described in Section 1 are as follows:

Section 1 SubparagraphPeriod of Probable Usefulness (Years)

Local Finance Law Section 11.00(a)

Paragraph

(a) Water Pump Equipment Replacement 40 1(b) Water Filtration Plant Improvements 40 1(c) Water Main Replacements 40 1

Section 4. Pursuant to Section 107.00(d)(9) of the Local Finance Law, current funds are not required to be provided prior to issuance of the Bonds or any bond anticipation notes issued in anticipation of issuance of the Bonds.

Section 5. The temporary use of available funds of the City, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the capital purposes described in Section 1 of this Ordinance.

Section 6. The Bonds and any bond anticipation notes issued in anticipation of the Bonds, shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law and the Bonds, and any bond anticipation notes issued in anticipation of the Bonds, shall be general obligations of the City, payable as to both principal and interest by a general tax upon all the real property within the City without legal or constitutional limitation as to rate or amount. The faith and credit of the City are hereby irrevocably pledged to the punctual payment of the principal of and interest on the Bonds, and any bond anticipation notes issued in anticipation of the Bonds, and provision shall be made annually in the budget of the City by appropriation for (a) the amortization and redemption of the Bonds and bond anticipation notes to mature in such year, and (b) the payment of interest to be due and payable in such year.

Section 7. Subject to the provisions of this Ordinance and of the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 63.00, inclusive, of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the Bonds herein authorized, including renewals of such notes, and the power to prescribe the terms, form and contents of the Bonds, and any bond anticipation notes, and the power to sell and deliver the Bonds and any bond anticipation notes issued in anticipation of the issuance of the Bonds, and the power to issue bonds providing for level or substantially level or declining annual debt service, is hereby delegated to the Comptroller, the Chief Fiscal Officer of the City.

3 3499220.1

Section 8. The reasonably expected source of funds to be used to initially pay for the expenditures authorized by Section 1 of this Ordinance shall be from the City's General Fund. It is intended that the City shall then reimburse such expenditures with the proceeds of the Bonds and bond anticipation notes authorized by this Ordinanceand that the interest payable on the Bonds and any bond anticipation notes issued in anticipation of the Bonds shall be excludable from gross income for federal income tax purposes. This Ordinance is intended to constitute the declaration of the City's "official intent" to reimburse the expenditures authorized by this Ordinance with the proceeds of the Bonds and bond anticipation notes authorized herein, as required by Treasury Regulation Section 1.150-2. Other than as specified in this Ordinance, no moneys are reasonably expected to be received, allocated on a long term basis, or otherwise set aside with respect to the permanent funding of the objects or purposes described herein.

Section 9. The serial bonds and bond anticipation notes authorized to be issued by this Ordinance are hereby authorized to be consolidated, at the option of the City's Comptroller, the Chief Fiscal Officer of the City, with the serial bonds and bond anticipation notes authorized by other bond Ordinances previously or hereafter adopted by the Common Council for purposes of sale in one or more bond or note issues aggregating an amount not to exceed the amount authorized in such Ordinances. All matters regarding the sale of the bonds, including the date of the bonds, the use of electronic bidding, the consolidation of the serial bonds and the bond anticipation notes with other issues of the City and the serial maturities of the bonds are hereby delegated to the Comptroller, the Chief Fiscal Officer of the City.

Section 10. The City Comptroller, as Chief Fiscal Officer of the City, is further authorized to sell all or a portion of the Bonds, and any bond anticipation notes issued in anticipation of the Bonds, to the New York State Environmental Facilities Corporation (the "EFC") in the form prescribed in one or more loan and/or grant agreements (the "Agreements") between the City and the EFC; to execute and deliver on behalf of the City one or more Agreements, Project Financing Agreements, and Letters of Intent with the EFC and to accept the definitive terms of one or more Agreements from EFC by executing and delivering one or more Terms Certificates; and to execute such other documents, and take such other actions, as are necessary or appropriate to obtain a loan or loans from the EFC for all or a portion of the costs of the expenditures authorized by this Ordinance, and perform the City's obligations under its Bonds or bond anticipation notes delivered to the EFC, the Project Financing Agreements and the Agreements.

Section 11. Any federal or New York State grant funds obtained by the City for the capital purposes described in Section 1 of this Ordinance shall be applied to pay the principal of and interest on the Bonds or any bond anticipation notes issued in anticipation of the Bonds or to the extent obligations shall not have been issued under this Ordinance, to reduce the maximum amount to be borrowed for such capital purposes.

4 3499220.1

Section 12. The validity of the Bonds authorized by this Ordinance and of any bond anticipation notes issued in anticipation of the Bonds may be contested only if:

(a) such obligations are authorized for an object or purpose for which the City is not authorized to expend money; or

(b) the provisions of law which should be complied with at the date of the publication of this Ordinance or a summary hereof are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication; or

(c) such obligations are authorized in violation of the provisions of the Constitution.

Section 13. The City Comptroller, as Chief Fiscal Officer of the City, is hereby authorized to enter into an undertaking for the benefit of the holders of the Bonds from time to time, and any bond anticipation notes issued in anticipation of the sale of the Bonds, requiring the City to provide secondary market disclosure as required by Securities and Exchange Commission Rule 15c2-12.

Section 14. This Ordinance, or a summary of this Ordinance, shall be published in the official newspapers of the City for such purpose, together with a notice of the Clerk of the City in substantially the form provided in Section 81.00 of the Local Finance Law.

Section 15. This Ordinance is not subject to a mandatory or permissive referendum.

Section 16. The Common Council hereby determines that the provisions of the State Environmental Quality Review Act and the regulations thereunder have previously been satisfied with respect to the expenditures authorized by this Ordinance.

Section 17. This Ordinance shall take effect immediately upon its adoption.

Seconded by Councilor ________Ayes Noes

Councilor McCormick � �Councilor Giannettino � �Councilor Cuddy � �Councilor Locastro � �Mayor Quill � �

Carried and Adopted

5 3499220.1

STATE OF NEW YORK )) SS.:

COUNTY OF CAYUGA )

I, Charles Mason, Clerk of the City of Auburn, Cayuga County, New York (the “City”), DO HEREBY CERTIFY:

That I have compared the annexed abstract of the minutes of the meeting of the Council of the City (the “City Council”) held on the 19th day of March, 2020, including the Ordinance contained therein, with the original thereof on file in my office, and the same is a true and correct copy of said original and of the whole of said original so far as the same relates to the subject matters therein referred to.

I FURTHER CERTIFY that the full City Council consists of five (5) members; that ____(__) members of the City Council were present at such meeting; and that ____(__) of such members voted in favor of the above Ordinance.

I FURTHER CERTIFY that (i) all members of the City Council had due notice of the meeting, (ii) pursuant to Article 7 of the Public Officers Law (Open Meetings Law), such meeting was open to the general public, and due notice of the time and place of such meeting was duly given in accordance with Article 7 of the Public Officers Law, and (iii) the meeting was in all respects duly held.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City this ____ day of March, 2020.

____________________________________Charles Mason, ClerkCity of Auburn, Cayuga County, New York

(SEAL)

COUNCIL MEMORANDUM

Memorial City Hall24 South Street

Auburn, New York 13021

TO: Honorable Mayor and Members of City Council

FROM: Christina J. Selvek, Director of Capital Projects & Grants

DATE: March 19, 2020

RE: Bond Ordinance #6 of 2020 Authorizing funding for the State Street Bridge Reconstruction Project

Background:

The City of Auburn has entered into an agreement with NYS Department of Transportation to proceed with the engineering, bidding, construction and inspection phases for the State Street Bridge Project. This project was awarded $4,750,000 in grant funding assistance through the competitive Bridge NY program. At the time of application in 2016, the City had estimated a total project cost of $5,000,000, with a local match of $250,000 from the general fund.

Having completed the Scoping, Preliminary Design, Detail Design and Construction Bidding phases, the project is now estimated to cost $6,021,172 based on the following:Project Costs Contract Amount StatusDesign & Bidding $518,000 Reso #100 of 2017

$118,000- CO #1 Reso #99 of 2019$17,000- CO#2 Council Agenda 3/19/20

Construction-Bridge $4,285,917.50 Council Agenda 3/19/20Construction- Railroad $35,148.30 Council Agenda 3/19/20Const. Inspection $615,000 Council Agenda 3/19/20Contingency- 10% $432,106.58 Staff Recommend

Total $6,021,172

Based on the proposed project costs, the follow table is the recommended sources of funding for the bridge replacement project: Revenue Sources Amount StatusNYS DOT Bridge NY $4,750,000 Reso #50 of 2017Required City Match $250,000 Bond Ord #6 of 2020-

Council Agenda 3/19/20Project Cost Increases $589,065.80 Bond Ord #6 of 2020-

Council Agenda 3/19/20Contingency- 10% $432,106.58 Bond Ord #6 of 2020-

Council Agenda 3/19/20Total $6,021,172

Fiscal Implications:

Authorization of this Bond Ordinance would increase debt to the General Fund in the amount of $1,271,172. This amount includes the City’s required match obligations of $839,065.80 which includes the original $250,000 match and the $589,065.80 to cover project cost overages. The remaining balance is anticipated project contingency of 10% and would only be borrowed should there be future increases to the project cost.

The staff recommendation of 10% contingency is based upon past engineering department experience with bridge demolition and reconstruction projects. The use of contingency would need to be approved by City Council through future authorizing award and/ or change order resolutions.

If there are any comments or questions regarding the proposed project scope and design, please reach out to the City Engineering Department. Any questions related to project finances, please reach out to the City Director of Capital Projects. Thank you.

3502641.1

By Councilor _____________ March 19, 2020

BOND ORDINANCE #6 OF 2020

BOND ORDINANCE OF THE CITY OF AUBURN, NEW YORK, AUTHORIZING THE ISSUANCE OF $1,271,172

SERIAL BONDS TO FINANCE THE COST OF THE RECONSTRUCTION OF A BRIDGE

BE IT ORDAINED by Council of the City of Auburn, New York as follows:

Section 1. The City of Auburn, New York (the "City") is hereby authorized to undertake the reconstruction of the State Street Bridge over the Owasco River in the City, whether or not including the acquisition of land or rights in land, and whether or not including retaining walls or approaches thereto, of stone, concrete, or steel or of a combination of two or more of these materials, at an estimated maximum cost of $1,271,172 and to issue an aggregate $1,271,172 in serial bonds pursuant to the provisions of the Local Finance Law to finance the estimated costs of the aforesaid object or purpose.

Section 2. It is hereby determined that the maximum estimated cost of the aforesaid specific object or purpose is $1,271,172, said amount is hereby appropriated therefor and the plan for the financing thereof shall consist of the issuance of $1,271,172 in serial bonds (the "Bonds") of the City authorized to be issued pursuant to this Ordinance; PROVIDED, HOWEVER, that to the extent that any Federal or State grants-in-aid are received for such class of objects or purposes, the amount of Bonds to be issued pursuant to this Ordinance shall be reduced dollar for dollar.

Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty (20) years pursuant to paragraph 10 of Section 11.00(a) of the Local Finance Law.

Section 4. Pursuant to Section 107.00(d)(9) of the Local Finance Law, current funds are not required to be provided prior to issuance of the Bonds or any bond anticipation notes issued in anticipation of issuance of the Bonds.

Section 5. The temporary use of available funds of the City, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the capital purposes described in Section 1 of this Ordinance.

Section 6. The Bonds and any bond anticipation notes issued in anticipation of the Bonds, shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law and the Bonds, and any bond anticipation notes issued in anticipation of the Bonds, shall be general obligations of the City, payable as to both principal and

3502641.12

interest by a general tax upon all the real property within the City without legal or constitutional limitation as to rate or amount. The faith and credit of the City are hereby irrevocably pledged to the punctual payment of the principal of and interest on the Bonds, and any bond anticipation notes issued in anticipation of the Bonds, and provision shall be made annually in the budget of the City by appropriation for (a) the amortization and redemption of the Bonds and bond anticipation notes to mature in such year, and (b) the payment of interest to be due and payable in such year.

Section 7. Subject to the provisions of this Ordinance and of the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 63.00, inclusive, of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the Bonds herein authorized, including renewals of such notes, and the power to prescribe the terms, form and contents of the Bonds, and any bond anticipation notes, and the power to sell and deliver the Bonds and any bond anticipation notes issued in anticipation of the issuance of the Bonds, and the power to issue bonds providing for level or substantially level or declining annual debt service, is hereby delegated to the City Comptroller, the Chief Fiscal Officer of the City.

Section 8. The reasonably expected source of funds to be used to initially pay for the expenditures authorized by Section 1 of this Ordinance shall be from the City's General Fund. It is intended that the City shall then reimburse such expenditures with the proceeds of the Bonds and bond anticipation notes authorized by this Ordinance and that the interest payable on the Bonds and any bond anticipation notes issued in anticipation of the Bonds shall be excludable from gross income for federal income tax purposes. This Ordinance is intended to constitute the declaration of the City's "official intent" to reimburse the expenditures authorized by this Ordinance with the proceeds of the Bonds and bond anticipation notes authorized herein, as required by Treasury Regulation Section 1.150-2. Other than as specified in this Ordinance, no moneys are reasonably expected to be received, allocated on a long term basis, or otherwise set aside with respect to the permanent funding of the objects or purposes described herein.

Section 9. The serial bonds and bond anticipation notes authorized to be issued by this Ordinance are hereby authorized to be consolidated, at the option of the City's Comptroller, the Chief Fiscal Officer, with the serial bonds and bond anticipation notes authorized by other Bond Ordinances previously or hereafter adopted by the City Council for purposes of sale in to one or more bond or note issues aggregating an amount not to exceed the amount authorized in such ordinances. All matters regarding the sale of the bonds, including the date of the bonds, the use of electronic bidding, the consolidation of the serial bonds and the bond anticipation notes with other issues of the City and the serial maturities of the bonds are hereby delegated to the City Comptroller, the Chief Fiscal Officer of the City.

Section 10. The validity of the Bonds authorized by this Ordinance and of any bond anticipation notes issued in anticipation of the Bonds may be contested only if:

3502641.13

(a) such obligations are authorized for an object or purpose for which the City is not authorized to expend money; or

(b) the provisions of law which should be complied with at the date of the publication of this Ordinance or a summary hereof are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication; or

(c) such obligations are authorized in violation of the provisions of the Constitution.

Section 11. The City Comptroller, as Chief Fiscal Officer of the City, is hereby authorized to enter into an undertaking for the benefit of the holders of the Bonds from time to time, and any bond anticipation notes issued in anticipation of the sale of the Bonds, requiring the City to provide secondary market disclosure as required by Securities and Exchange Commission Rule 15c2-12.

Section 12. This Ordinance, or a summary of this Ordinance, shall be published in the official newspapers of the City for such purpose, together with a notice of the Clerk of the City in substantially the form provided in Section 81.00 of the Local Finance Law.

Section 13. This Ordinance is not subject to a mandatory or permissive referendum.

Section 14. The Council hereby determines that the provisions of the State Environmental Quality Review Act and the regulations thereunder have previously been satisfied with respect to the expenditures authorized by this Ordinance.

Section 15. This Ordinance shall take effect immediately upon its adoption.

Seconded by Councilor ________Ayes Noes

Councilor McCormick � �Councilor Giannettino � �Councilor Cuddy � �Councilor Locastro � �Mayor Quill � �

Carried and Adopted

3502641.14

STATE OF NEW YORK )) SS.:

COUNTY OF CAYUGA )

I, Charles Mason, Clerk of the City of Auburn, Cayuga County, New York (the "City"), DO HEREBY CERTIFY:

That I have compared the annexed abstract of the minutes of the meeting of the Council of the City, held on the 19th day of March, 2020, including the Ordinance contained therein, with the original thereof on file in my office, and the same is a true and correct copy of said original and of the whole of said original so far as the same relates to the subject matters therein referred to.

I FURTHER CERTIFY that the full Council of the City consists of five (5) members; that ____(__) members of the Council were present at such meeting; and that ____(__) of such members voted in favor of the above Ordinance.

I FURTHER CERTIFY that (i) all members of the Council had due notice of the meeting, (ii) pursuant to Article 7 of the Public Officers Law (Open Meetings Law), such meeting was open to the general public, and due notice of the time and place of such meeting was duly given in accordance with Article 7 of the Public Officers Law, and (iii) the meeting was in all respects duly held.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City this ____ day of March, 2020.

________________________________Charles Mason, Clerk, City of Auburn, Cayuga County, New York

(SEAL)

COUNCIL MEMORANDUM

TO: Honorable Mayor and Members of City Council

From: William H. Lupien, Jr. P.E. Supt. of Engineering Services

Date: March 19, 2020

Re: Council Resolution #34 of 2020 Authorizing Change Order #2 to the Agreement with C&S Engineers for the Design of the State Street over the Owasco River Bridge Replacement Project

Background:The Project to design and reconstruct the State Street Bridge located over the Owasco River in the City of Auburn, P.I.N. 375637, was previously authorized by City Council on April 6, 2017 per Agreement Resolution #50 of 2017. This project is eligible for funding under Title 23 US Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 95% Federal Funds and 5% non-federal funds. On January 13, 2017, the City of Auburn received a notice of a grant award from the New York BRIDGE NY Program for the maximum amount of $4,750,000 towards the State Street Bridge Project (which represents 95% of the estimated Project cost of $5,000,000).

On July 20, 2017, the Auburn City Council passed Award Resolution #100 of 2017, whichawarded engineering design services to C&S Engineers for the State Street Bridge Replacement Project in the amount of $518,000. On August 15, 2019, the City Council authorized Agreement Resolution #99 of 2019 approving Change Order #1 in the amount of $ 118,000 for additional design services.

Change Order #2 in the amount of $ 17,000 covers the direct costs associated with extra work requested to be included into the contract documents after the Final PS&E plans had been submitted to NYSDOT for approval to bid the project. This extra work includes the design, detailing, estimating and bid document alteration for the following work: to include a new fire hydrant on State St.; increase the limits of water main replacement on West Garden Street to match pavement reconstruction limits due to potential failure of water main; alter drainage design on West Garden Street to abandon existing blind connections and directly connect a new system into existing manhole structure; and additional coordination with NYSEG was required to obtain new power source off Wall Street and to provide continuity of street lighting along the Arterial as well as maintain the lighting on State Street north of the railroad crossing and in front of the Correctional Facility.

Fiscal Implications:The cost of the Resolution is $17,000 which is to be charged to the State Street Bridge Replacement Project Acct. #HA 5110-440-JA. The cost of this Change Order #2 is eligible for 95% reimbursement.

AGREEMENT RESOLUTION #34 OF 2020

AUTHORIZING CHANGE ORDER #2 TO THE DESIGN CONTRACT FOR THE STATE STREET OVER THE OWASCO RIVER BRIDGE REPLACEMENT PROJECT

By:____________________________ March 19, 2020

WHEREAS, on July 20, 2017, the Auburn City Council authorized Award Resolution #100 of 2017, which awarded engineering design services for the State Street over the Owasco River Bridge Replacement Project to C&S Engineers, Inc. in the amount of $518,000; and

WHEREAS, on August 15, 2019, the Auburn City Council authorized Agreement Resolution #99 of 2019 approving Change Order #1 in the amount of $118,000 to the contract with C&S Engineers to cover the costs for additional design services and Right-of-Way Acquisition Services; and

WHEREAS, Change Order #2 in the amount of $17,000 is now required to complete Design Services in order to incorporate some additional utility and street lighting improvements; and

WHEREAS, the cost of this Resolution is to be charged to the State Street over the Owasco River Bridge Replacement Project Account #HA 5110-440-JA in the amount of $17,000, which is eligible for 95% Federal reimbursement; and

WHEREAS, the City of Auburn does hereby agree to making a commitment of 100% of the first instance payments of the total project costs.

NOW, THEREFORE, BE IT RESOLVED that the Auburn City Council does hereby award Change Order #2, in the amount of $17,000 to the design contract with C&S Engineers, Inc., for the State Street over the Owasco River Bridge Replacement Project; and,

BE IT FURTHER RESOLVED that the cost of this Resolution shall be charged to State Street over the Owasco River Bridge Replacement Project Account #HA 5110-440-JA; and

BE IT FURTHER RESOLVED that the Mayor of the City of Auburn is hereby authorized to execute any and all necessary agreements and contracts, certifications, and reimbursement requests on behalf of the City of Auburn for said project.

Seconded by:_____________________

Ayes NoesCouncilor McCormickCouncilor GiannettinoCouncilor CuddyCouncilor LocastroMayor Quill

Carried and Adopted

COUNCIL MEMORANDUM

Memorial City Hall24 South Street

Auburn, New York 13021

TO: Honorable Mayor and Members of City Council

FROM: William H. Lupien, Jr. P.E. Supt. of Engineering Services

DATE: March 19, 2020

RE: Award Resolution #35 of 2020, Awarding a Bid for the Construction of the State Street Over the Owasco River Bridge Replacement Project

Background:

On April 6, 2017, the Auburn City Council passed Agreement Resolution #50 of 2017, authorizing the City to enter into an agreement with New York State Department of Transportation to proceed with the State Street Bridge Replacement Project in all phases. This Project is a Locally Administered Federal Aid BridgeNY Project which is eligible for 95% Federal Highway Administration Reimbursement of all qualified project costs up to $5,000,000 for a total reimbursement of $4,750,000.

On March 3, 2020, the City opened bids for the Project and the following bids were received:

1. Slate Hill Constructors $ 4,285,917.50Warners, New York

2. Over and Under Piping $ 8,355,226.01Auburn, New York

In order to move the project forward it is necessary to award the construction portion of the Project at this time.

Fiscal Implications:

The cost of the project of $4,285,917.50 is to be charged to the State Street Bridge Replacement Account #HA 5110-440-JA.

AWARD RESOLUTION #35 OF 2020

AWARDING A BID FOR THE STATE STREET OVER THE OWASCO RIVER BRIDGE REPLACEMENT PROJECT (PIN#375637)

By Councilor________________ March 19, 2020

WHEREAS, on April 6, 2017, the Auburn City Council passed Agreement Resolution #50 of 2017, authorizing the City to enter into an agreement with New York State Department of Transportation to proceed with the State Street Bridge Replacement Project in all phases; and,

WHEREAS, the Project is a Locally Administered Federal Aid BridgeNY Project which is eligible for 95% Federal Highway Administration Reimbursement of all qualified project costsup to $5,000,000, for a total reimbursement of $4,750,000; and,

WHEREAS, on March 3, 2020, the City opened bids for the Project and the following bids were received:

1. Slate Hill Constructors $ 4,285,917.50Warners, New York

2. Over and Under Piping $ 8,355,226.01Auburn, New York

and;

WHEREAS, in order to move the project forward it is necessary to award theconstruction portion of the Project at this time.

NOW, THEREFORE, BE IT RESOLVED that the Auburn City Council hereby authorizes an award of contract to Slate Hill Constructors for the construction portion of the State Street Bridge Replacement Project for their low bid in the amount of $ 4,285,917.50, with said agreement being contingent upon the approval of the New York State Department of Transportation; and

BE IT FURTHER RESOLVED that the Auburn City Council hereby authorizes theMayor, or appointed designee, to sign any and all documents necessary for the above-referenced award on behalf of the City of Auburn; and

BE IT FURTHER RESOLVED that the Auburn City Council hereby directs that thecost of the general construction in the amount of $4,285,917.50 be charged to the State Street Bridge Replacement Project Account #HA 5110-440-JA.

Seconded by Councilor: ______________________

Ayes NoesCouncilor McCormickCouncilor GiannettinoCouncilor CuddyCouncilor LocastroMayor Quill

Carried and Adopted

COUNCIL MEMORANDUM

Memorial City Hall24 South Street

Auburn, New York 13021

TO: Honorable Mayor and Members of City Council

FROM: Christina J. Selvek, Director of Capital Projects & Grants

DATE: March 19, 2020

RE: Agreement Resolution #36 of 2020 Authorizing Change Order #3 for Design Support during Construction of the State Street Bridge Replacement Project

Background:

The City of Auburn, NYS Department of Transportation, and C & S Companies have completed the detail design for the demolition and reconstruction of the State Street Bridge located on NYS Route 38 over the Owasco River in downtown Auburn. The bid specification and drawings were let on February 3rd for construction bidding. The City is anticipating awarding a construction bid for the project on March 19th with a bid amount of approximately $4.3 million.

In order to move forward with the project, the City will need to have an engineer on record to review requests for information from the construction contractor following the construction bid award. Since C & S Companies completed and certified the design for the bridge demolition and reconstruction, the firm is required to answer questions from the contractor regarding the design intent and material selection.

The estimated costs for C&S Companies to provide design support during the construction phase of the project is $89,000. The City’s next step is to release an expression of interest (EOI) for competitive pricing for construction inspection services. Responses to the EOI are due to the City on March 25th with an award pending for April 2nd.

Fiscal Implications:

The total cost of the Change Order #3 to C & S Companies is $89,000. This is a required design service during the construction phase of the bridge replacement project. The professional engineering costs will be charged to the State Street Bridge Replacement Project Capital Account #HA5110-440-JA. The costs are eligible for NYS Bridge NY reimbursement up to a cap of $4,750,000. Thereafter the City Bond Ordinance #6 of 2020 will cover the remaining general fund costs.

AGREEMENT RESOLUTION #36 OF 2020

AUTHORIZING CHANGE ORDER #3 FOR DESIGN SUPPORT DURING CONSTRUCTION OF THE STATE STREET BRIDGE REPLACEMENT PROJECT

By:____________________________ March 19, 2020

WHEREAS, on July 20, 2017, the Auburn City Council authorized Award Resolution #100 of 2017, which awarded engineering design services for the State Street over the Owasco River Bridge Replacement Project to C&S Engineers, Inc. in the amount of $518,000; and

WHEREAS, the Auburn City Council has previously authorized Change Orders #1 and #2 in an aggregate amount of $135,000 to the professional services contract with C&S Engineers Inc. to cover the costs for additional design phase changes and Right-of-Way Acquisition Services; and

WHEREAS, Change Order #3 to the professional services agreement with C&S Engineers, Inc. in the amount of $89,000 is now required to provide design services during the construction phase of the State Street Bridge Replacement Project; and

WHEREAS, the professional services cost of $89,000 is to be charged to the State Street Bridge Replacement Capital Account #HA 5110-440-JA which is eligible for reimbursement under the NYS DOT Bridge NY program grant.

NOW, THEREFORE, BE IT RESOLVED that the Auburn City Council does hereby award Change Order #3, in the amount of $89,000 to C&S Engineers, Inc., for design services support during the construction phase of the State Street Bridge Replacement Project; and,

BE IT FURTHER RESOLVED that the cost of this Resolution shall be charged to State Street Bridge Replacement Project Account #HA 5110-440-JA; and

BE IT FURTHER RESOLVED that the Mayor of the City of Auburn is hereby authorized to execute any and all necessary agreements and contracts, certifications, and reimbursement requests on behalf of the City of Auburn for said project.

Seconded by:_____________________

Ayes NoesCouncilor McCormickCouncilor GiannettinoCouncilor CuddyCouncilor LocastroMayor Quill

Carried and Adopted

COUNCIL MEMORANDUM

Memorial City Hall24 South Street

Auburn, New York 13021

TO: Honorable Mayor and Members of City Council

FROM: Rachel Jacobs, City Comptroller

DATE: March 19, 2020

RE: Financial Resolution #37 of 2020 Authorizing Various Budget Transfers

Background:

City Staff is requesting various operating and/or non-operating budget transfers. The transfers and reasons for the transfers are outlined in attachment A of the resolution. Recommendations

Authorize budget transfers as outlined in Attachment A.

Fiscal Implications:

There is no fund balance being used for these transfers.

FINANCIAL RESOLUTION #37 OF 2020

AUTHORIZING VARIOUS OPERATING AND CAPITAL BUDGET TRANSFERS

By Councilor:________________ March 19, 2020

WHEREAS, the City of Auburn staff is requesting various operating and non-operating budget transfers for the fiscal 2019-20 year as outlined in attachment A; and,

WHEREAS, there no fund balance being used for these transfers.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Auburn, New York:

1. That the Auburn City Council does hereby authorize the transfers in Attachment A for the 2019-20 fiscal year; and,

2. That this resolution shall take effect immediately upon its adoption.

Seconded by Councilor: _________________________

Ayes Noes

Councilor McCormickCouncilor GiannettinoCouncilor CuddyCouncilor LocastroMayor Quill

Carried and Adopted

Amount

2,876.38$

A3410.121 Fire - Longevity A3410.250Fire - Other Equipment

450.00$ A3410.170

Fire - Uniform Allowance

A3410.220Fire - Office Equipment

1,500.00$

A3410.140 Fire - Holiday Pay A3410.412Fire - Operating

Supplies

15,000.00$ A3410.164Fire - OT Training

A3410.803Fire - Retirement

15,000.00$ A3410.160Fire - Contractual

OT A3410.803Fire - Retirement

11,000.00$ A3410.164 Fire - OT Training A3410.482Fire - Vehicle

Maint.

11,000.00$ A3410.164 Fire - OT Training A3410.250Fire - Other Equipment

1,500.00$ A5142.412Snow Removal -

Operating Supplies A5142.250

Snow Removal - Other Equipment

Pay for last shipment of road

salt

To cover over-budget accounts due to new hires,

retirements, illness, injury and

mandatory training

3/19/2020Attachment A: 19-20 FY

Account to Account From Reason

COUNCIL MEMORANDUM

Memorial City Hall 24 South Street

Auburn, New York 13021

TO: Honorable Mayor and Members of Auburn City Council

FROM: Shawn Butler, City Manager

DATE: March 19, 2020

RE: Grant Acceptance Resolution #38 of 2020 Authorizing Grant Acceptance fromthe New York State Department of Criminal Justice Services for theReplacement of Outdated and no Longer Supported Livescan DigitalFingerprinting System Equipment

BackgroundIn 2018, the City of Auburn Police Department was notified that its current live-scan system wasreaching the end of serviceable life and support. After 2020, the hardware and software will nolonger be supported by the City's current vendor. In addition, New York State will be requiringadditional bio-metrics to be captured and submitted by our system that our current equipment willnot be able to support (ie: the capturing of defendant palm prints).

In response, the Auburn Police Department began planning for this through the budget processand incorporated a budgetary ask to cover this expense in this current budget year. In Decemberof 2019, the NYS Department of Criminal Justice Services released an RFP for a livescanreplacement program. The Auburn Police Department applied for this grant and received noticeof the award in March of 2020.

Page 2

Recommendation

Fiscal ImpactThis grant requires a 50% match. The Auburn Police Department requested $28,000 during theFY 2019/20 budget process to cover the cost of this required system upgrade prior to notificationthat a grant RFP would be made available. It is estimated that the total system cost will beapproximately $22,000 and after the reimbursement from the NYS DCJS grant of $10,000 theoverall upgrade cost responsibility for the City of Auburn will be approximately $12,000.

GRANT ACCEPTANCE RESOLUTION #38 OF 2020

AUTHORIZING GRANT ACCEPTANCE FROM THE NEW YORK STATE DEPARTMENT OF CRIMINAL JUSTICE SERVICES FOR THE REPLACEMENT OF

OUTDATED AND NO LONGER SUPPORTED LIVESCAN DIGITAL FINGERPRINTING SYSTEM EQUIPMENT

By Councilor ____________________ March 19, 2020

WHEREAS, the City of Auburn has utilized a Comnetix digital Livescan & Mugshot equipment system since 2005; and

WHEREAS, in 2018, the City of Auburn Police Department was notified that the current hardware and software system will not be supported after the year 2020 and that New York Statewill be requiring additional biometrics to be captured and submitted by the system that thecurrent equipment cannot support (i.e.: the capturing of defendant palm prints); and

WHEREAS, during the 2019/2020 budgeting process the Auburn Police Department requested and received $28,000 in City of Auburn funding for a replacement of this system; and

WHEREAS, in December of 2019, the New York State Department of Criminal Justice Services released a SFY 2020-2021 “Livescan Equipment Program” Request for Proposals,which the City of Auburn Police Department applied for; and

WHEREAS, on March 5th of 2020, the City of Auburn Police Department was notified by the New York State Department of Criminal Justice Services that we were the recipient of a $10,000 grant to be used towards the purchase of a new digital livescan system, DCJS Award #T662188; and

WHEREAS, the Mayor of the City of Auburn must be authorized to accept the grant funding and execute all necessary documents in connection therewith prior to commencing the project.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF AUBURN hereby accepts grant funding from the New York State Department of Criminal Justice Services in the amount of ten thousand dollars ($10,000), whereby a 50% match requirement is required and has been funded through the FY 2019/20 City of Auburn budget process; and grant proceeds for Project ID: #LS19-1037-E00, to be recorded in the Auburn Police Department Aid Account A99.3394 and not to exceed $10,000; and

BE IT FURTHER RESOLVED that the Mayor of the City of Auburn, or a designated representative, is authorized to execute the grant contract and all other documents necessary for the acceptance of the grant, and otherwise act on all matters related to the grant.

Seconded by Councilor: ________________

Ayes NoesCouncilor McCormickCouncilor GiannettinoCouncilor CuddyCouncilor LocastroMayor QuillCarried and Adopted

COUNCIL MEMORANDUM

Memorial City Hall24 South Street

Auburn, New York 13021

TO: Honorable Mayor and Members of City Council

FROM: Nate Garland, Esq., Assistant Corporation Counsel

DATE: March 19, 2020

RE: Agreement Resolution #39 of 2020 Authorizing the Execution of an Agreement between the City and Verizon Wireless Regarding “Small Cell” Wireless Facilities.

Background:

The technology which facilitates wireless communication has undergone significant changes in recent years. Specifically, the system by which a wireless signal is delivered has evolved from exclusively employing large towers to a model where the coverage provided by a tower is supplemented by smaller facilities, the locations of which may be targeted to correspond with areas of high demand. The most practicable area in which to site these small cell facilities is upon telephone poles within a municipality’s Right of Way. Verizon Wireless has contacted the City and expressed an interest in building approximately eight small cell facilities throughout the City.

The regulatory background for telecommunication facilities has changed significantly as well. The Federal Communications Committee has, through a Declaratory Order in 2018, effectively pre-empted state and local regulation of small cell facilities. That order bars State and Local actions that “materially inhibit” the provision of service. Furthermore, it holds that state and local fees related to small wireless facility deployment must be non-discriminatory and a reasonable approximation of costs and adopts presumptively reasonable fee limits. Also, there are bills in both houses of the State Legislature and language in the Governor’s budget which essentially seek to codify in State law the FCC Order. NYCOM has issued an opinion opposing this pending legislation. It is important to note that should NYCOM be successful in its lobbying efforts and the pending bills are defeated, the net effect would be to put municipalities in the position that they are in at this moment.

The Master License Agreement (MLA) between the City and Verizon adheres entirely to the provisions of the FCC order. Separate and apart from the MLA, Verizon has worked with the City Planning Department to implement design standards for Small Cell Facilities. In one of the few areas open for negotiation, City staff were able to negotiate a significantly shorter term for both the MLA and the pole licenses than have than other similarly situated cities.

Recommendation

City staff recommends adoption of the attached Resolution.

Fiscal Implications:

The City will receive revenue from licenses and fees described in Exhibit A of the MLA.

AGREEMENT RESOLUTION #39 OF 2020

AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH VERIZON FOR THE REGULATION AND PROVISION OF SMALL WIRELESS COMMUNICATIONS

FACILITIES

By Councilor ___________________ March 19, 2020

WHEREAS, residents and businesses in the City of Auburn rely on access to telecommunications; and

WHEREAS, the technology which facilitates telecommunication is constantly evolving; and

WHEREAS, small wireless communication facilities, commonly referred to as “Small Cell Facilities” provide more targeted coverage and allow for faster speed of telecommunication; and

WHEREAS, the Federal Government has, through the Federal Communications Commission, taken action which severely constrains the manner in which a local government may regulate small cell facilitates; and

WHEREAS, the City has worked with Verizon Wireless to draft an agreement which allows for the prompt implementation of small cell facilities, while retaining the maximum amount of local control allowable by Federal law; and

WHEREAS, the City Planning Department has worked with Verizon Wireless to craft a set of design standards for the small cell facilities which are attached for reference hereto.

NOW, THEREFORE, BE IT RESOLVED that the Auburn City Council does hereby approve an Agreement between the City of Auburn and Verizon Wireless allowing for the implementation of small wireless communication facilities, which is attached hereto and incorporated herein; and

BE IT FURTHER RESOLVED that and the Mayor is hereby authorized to sign the Agreement with Verizon together any and all documents necessary to carry out this resolution.

Seconded by Councilor_________________Ayes Noes

Councilor McCormickCouncilor GiannettinoCouncilor CuddyCouncilor LocastroMayor Quill

Carried and Adopted

Template 0412191

SMALL WIRELESS COMMUNICATIONS FACILITIESMASTER LICENSE AGREEMENT

THIS SMALL WIRELESS COMMUNICATIONS FACILITIES MASTER LICENSE AGREEMENT ("Agreement") is entered into this ____ day of _______________, 20__ (“Effective Date”), by and between the City of Auburn, New York ("City"), and Bell Atlantic Mobile Systems LLC ("Licensee"). City and Licensee are at times collectively referred to hereinafter as the "Parties" or individually as the "Party."

RECITALS

A. City owns, operates, maintains or otherwise controls the public rights-of-way situated within its jurisdictional boundaries and owns as its personal property a certain number of poles located in the public rights-of-way.

B. Licensee owns and/or controls, maintains and operates a wireless communications network, for which Licensee desires to install, attach, operate and maintain Small Wireless Facilities (as defined below) in the public rights-of-way as provided herein.

C. City recognizes that Small Wireless Facilities, including facilities commonly referred to as “small cells” and “distributed antenna systems,” are critical for the City's population to access advanced technologies wirelessly and are often deployed most effectively in the public rights-of-way.

D. The Parties acknowledge and agree that the purpose of this Agreement is to permit the deployment of Small Wireless Facilities within the public rights-of-way, subject to the all applicable Laws (as defined below), including but not limited to the rules, regulations and orders of the Federal Communications Commission, as further described herein.

ACCORDINGLY, in consideration of the covenants of this Agreement and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the Parties, the Parties agree as follows:

1. Grant. Subject to Laws (defined in Section 15) and this Agreement, City grants Licensee a nonexclusive license to (i) access, use and occupy the City’s ROW (as defined below) 7 days a week, 24 hours a day, for the installation, construction, use, maintenance, operation, repair, modification, replacement and upgrade of equipment, technologies, frequencies and related fiber and materials reasonably necessary to access, connect, operate and provide power to its equipment (“Equipment”) that enables Licensee’s wireless communications (“Licensee Use”); (ii) use and/or replace City owned or controlled poles for Licensee’s Use (“City Owned Poles”); (iii) use privately owned or controlled poles, including replacement poles, for Licensee’s Use in the ROW pursuant to agreement with the entity owning the poles (“Privately Owned Poles”) (iv) install, replace or remove Licensee, Licensee affiliate or, for Licensee benefit, third-party owned poles in the ROW for Licensee’s Use (“Verizon Owned Poles”) (collectively the poles identified in subclauses (ii), (iii) and (iv) are referred to as “Poles”). For purposes of this

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Agreement, the “ROW” means the public rights-of-way owned, managed or controlled by the City. Verizon’s Use of Poles shall, in accordance with Section 4, require the City’s approval of a Pole License (as defined below). Licensee’s Use for attachments to support structures in the ROW owned by Licensee or by a third party shall not require a Pole License; however, upon request, Licensee shall provide the City a certification of authorization to attach to such third party structure. The City expressly reserves for itself the rights and uses of the ROW for its public purposes and for the public’s health, safety and general welfare.

2. Term of Agreement. The term of this Agreement shall be for 10 years beginningon the Effective Date (the "Term"). Unless either Party provides written notice to the other Party at least ninety 90 days prior to expiration of the Term that such Party will not renew the Term, the Term will automatically renew for 1 additional 10 year period. After the expiration or earlier termination of this Agreement, it shall apply to all Pole Licenses entered into hereunder until the expiration or termination of such Pole Licenses.

3. Fees. Licensee shall pay to the City the Fees set forth in the “Fee Schedule” attached hereto and made a part hereof as Exhibit A. Licensee shall pay the one-time application fee with submission of the Pole Application (defined in Section 4(a)). Licensee shall pay the initial recurring fee within ninety (90) days of the Commencement Date (defined in Section 4(e)) and pay subsequent recurring fees on or before each anniversary of the Commencement Date. Before any recurring fees are paid, City shall provide Licensee a completed, current Internal Revenue Service Form W-9 and state and local withholding forms if required. Licensee may make payments by check made out to the order of the City of [CITY] and sent to the following address or through electronic transfer subject to the City’s approval and necessary bank routing instructions.

City of AuburnOffice of the TreasurerRobert Gauthier, Treasurer24 South StreetAuburn NY 13021

4. Pole License.

(a). Prior to installing any Equipment, new Verizon Owned Poles or replacement City Poles or Privately Owned Poles, Verizon shall file an application with the City in the form attached hereto and made a part hereof as Exhibit B (“Pole Application”) for one or more poles. Within 60 days of receipt of a Pole Application for Equipment or replacement of City Poles or Privately Owned Poles or 90 days for new Verizon Owned Poles, the City shall, in writing, approve or reject the Pole Application, otherwise the Pole Application shall be deemed approved. If the City timely rejects the Pole Application, the review period will be suspended until Verizon cures the non-compliance. Upon approval, a Pole Application shall be deemed to be a separate pole license (“Pole License”) for each pole included in the Pole Application.

(b). City may reject a Pole Application only for one or more of the following reasons, which must be specified with reasonable detail in the rejection: (i) concerns about structural

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capacity, safety, reliability, or generally applicable engineering practices; (ii) the Pole Applicationis incomplete; (iii) the proposed Equipment exceeds the height, dimension or other parameters forsmall wireless facilities under applicable Law (”Small Wireless Facilities”); (iv) the design documents attached to the Pole Application do not comply with this Agreement or with the City’s pole attachment laws for traffic light poles, show interference with the City’s public safety radio system, traffic signal light system, or other communications components, or do not comply with the Design Criteria; or (v) the Pole Application does not include a load bearing study.

(c). Any aesthetic or other design criteria for Small Wireless Facilities and poles upon which Small Wireless Facilities are attached (collectively, the “Design Criteria”) which are employed by the City shall only apply if the criteria are (i) reasonable, (ii) applied equally and in a non-discriminatory manner to other types of infrastructure deployments within the ROW, (iii) objective and published in advance of a Small Wireless Facility request/application submitted herein, and (iv) comply with applicable federal and state Laws. If pole reinforcement or replacement is necessary, Licensee shall provide engineering design and specification drawings demonstrating the proposed alteration to the pole. Changes made to the City’s Design Criteria shall not be imposed or otherwise applied retroactively unless required by Laws.

(d). Licensee shall pay for any electricity service for Small Wireless Facilities.

(e). The term of each Pole License shall be 10 years beginning on the first day of the month following the date that is 90days from the date of the fully approved or fully executed (as applicable) Pole License (“Commencement Date”). Unless Licensee provides written notice to the City prior to the expiration of the then current term that Licensee will not renew any Pole License, each Pole License will automatically renew for 2 consecutive 5 year periods.

(f). A Pole License may be terminated prior to the expiration of its term: (i) by City upon written notice to Licensee, if Licensee fails to pay any amount when due and such failure continues for 30 days after Licensee's receipt of notice; (ii) by either Party upon written notice to the other Party, if such other Party fails to comply with this Agreement and the party has failed to initiate a cure within 60 days after receipt of written notice; (iii) by Licensee at any time for any reason or no reason; or (iv) by Licensee in the event that Licensee fails to timely obtain or maintain, or is not satisfied with any governmental approval applicable to Licensee ; or (v) by the City if the Equipment, operation or maintenance thereof poses a hazard to public safety and Licensee has failed to respond or initiate a cure within 60 days after receipt of written notice from the City or (vi) by the City, upon 90 days advance written notice, if Verizon ceases to utilize the Equipment installed under the Pole License for more than 1 year.

(g). Following expiration or earlier termination of any Pole License, Licensee shall remove all Equipment from the City owned or controlled poles and, other than reasonable wear and tear, repair and restore the City owned or controlled poles and the ROW to its prior condition, unless the City authorized otherwise. In the event that Licensee removes any City poles pursuant to this Agreement, the City shall retain ownership of any poles Licensee or its contractor removes, and shall provide directions to Licensee for their reuse or disposal. Equipment installed pursuant to clauses (ii) or (iii) of Section 1 shall not be subject to removal under this Agreement but shall at

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all times remain subject to the Code (as defined below).

5. Permits/Municipal Code. While the requirements of the City’s Code (“Code”) are in addition to the requirements of this Agreement, Licensee shall be required to apply for and obtain only those permits that are required of other occupants of the ROW. City may only impose on the permit those conditions that are permitted by applicable Laws and necessary to protect structures in the ROW, to ensure the proper restoration of the ROW, to provide for protection and the continuity of pedestrian and vehicular traffic, and otherwise to protect the safety of the public's utilization of the ROW. Within 180 days after the Effective Date, City will consider revisions to the Code to conform with this Agreement and applicable Law.

6. Interference.

(a). Licensee will not cause interference to City traffic, public safety or other communications signal equipment in the ROW. City agrees that City will not cause interference to Licensee’s Equipment or Licensee’s Use.

(b). If interference occurs, the non-interfering Party shall notify the interfering Party via telephone to Licensee’s Network Operations Center at (800) 621-2622) or to City at (315) 255-4176, and the parties shall work together to cure the interference as soon as commercially possible.

(c). Licensee in the performance and exercise of its rights and obligations under this Agreement shall not materially interfere with the existence, use and operation of any and all public and private rights of way, sanitary sewers, water mains, storm drains, gas mains, poles, ærial and underground electrical and telephone wires, electroliers, cable television, and other telecommunications, utility, or municipal property, without the express written approval of the owner or owners of the affected property or properties, except as permitted by applicable Law or this Agreement.

7. Maintenance, Repairs and Modifications.

(a). Equipment Maintenance, Repairs and Modifications. Licensee shall keep andmaintain all Equipment in commercially reasonable condition and in accordance with any applicable and non-discriminatory maintenance requirements of City. Licensee may conduct testing and maintenance activities, and repair and replace damaged or malfunctioning Equipment at any time. Licensee may maintain, repair, replace and make like-kind modifications to any Small Wireless Facility that do not materially change the size, height and weight of the Small Wireless Facility or exceed the structural capacity of the supporting structure without requiring additional applications, permits or other City approval. Licensee shall obtain all required permits and prior approvals from the City for all other work subject to the terms of this Agreement.

(b). Pole Repairs and Replacements. If a City pole for which Licensee has a Pole License is in need of repair or replacement, the City shall within 60 days repair or replace such pole, unless otherwise agreed by the Parties in a Pole License. If City becomes aware of damage to a City pole that supports the Equipment, City shall notify Licensee's Emergency Contact as

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soon as practicable. The Parties will use reasonable efforts to coordinate any necessary responses. In the event of any damage to a pole that impacts Licensee’s Use, Licensee may repair or replace the pole with a like-kind pole at its own expense. Licensee may reinstall its Equipment after a damaged pole has been repaired or replaced. Licensee may temporarily use an alternative pole or structure reasonably acceptable to the Parties during repair or restoration of a pole.

(c). Emergency Events. City reserves the right to take all reasonable actions in the case of an emergency to protect the public health and safety of its citizens, and to ensure the safe operation of its rights of way and public facilities. The Parties will use reasonable efforts to coordinate any emergency responses. In case of an emergency affecting the Equipment or Licensee’s Use, Licensee may access the ROW and perform necessary repairs to its Equipment and to the pole, including the right to install a replacement pole, without first obtaining any otherwise necessary permit(s) or authorization(s). All emergency work in the ROW shall be conducted in a safe and good workmanlike manner and in accordance with Laws.

(d). Emergency Contacts. Licensee's network operations center may be reached 24/ 7 at (800) 621-2622. City’s 24/7 emergency contact information the Auburn Fire Department at(315) 253-4031. Each Party will maintain the emergency contact information current at all times with the other Party.

8. Removal and Relocation. No later than 180 days after receipt of written noticefrom City, Licensee shall remove and may relocate the Equipment to an alternative location made available by City due to: (i) construction, expansion, repair, relocation, or maintenance of a street or other public improvement project; or (ii) maintenance, upgrade, expansion, replacement, or relocation of City traffic light poles and/or traffic signal light system; or (iii) permanent closure of a street or sale of City property. The City shall require removal or relocation only if necessary. If Licensee fails to remove or relocate any Equipment within 180 days, City shall be entitled to remove the Equipment at Licensee’s expense. The Parties shall cooperate to the extent possible to assure continuity of service during any relocation. City shall use best efforts to provide a reasonably equivalent location that affords Licensee substantially similar engineering objectives.

9. Indemnity/Damages. Licensee shall indemnify, defend and hold the City, its employees, officers, elected officials, agents and contractors (the “Indemnified Parties”) harmless from and against all injury, loss, damage, liability, costs or expenses arising from any third party claims resulting from Licensee’s Use or Licensee’s breach of this Agreement. Licensee’s indemnity shall not apply to any liability resulting from the negligence or willful misconduct of the City or other Indemnified Party. The City shall give prompt written notice to Licensee of any claim for which the City seeks indemnification. Licensee shall have the right to investigate these claims. Licensee shall not settle any claim without reasonable consent of the City, unless the settlement (i) will be fully funded by Licensee, and (ii) does not contain an admission of liability or wrongdoing by any Indemnified Party. Neither party will be liable under this Agreement for consequential, special, punitive or indirect damages, whether under theory of contract, tort (including negligence), strict liability, or otherwise.

10. Insurance.

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(a). Licensee and its subcontractors shall carry the following insurance: (i) commercial general liability insurance in an amount of $3,000,000 per occurrence and $4,000,000 general aggregate and which provides coverage for bodily injury, death, damage to or destruction of property of others, including loss of use thereof, and including products and completed operations; (ii) Workers’ Compensation Insurance as required by law; and (iii) employers’ liability insurance in an amount of $500,000 bodily injury each accident, $500,000 disease each employee, and $500,000 disease policy limit.

(b). The insurance coverages identified in this Section: (i) except the workers’ compensation insurance, shall include the City as an additional insured as their interests may appears under this Agreement; (ii) will be primary and non-contributory with respect to any self-insurance or other insurance maintained by the City; (iii) contain a waiver of subrogation for the City’s benefit; and (iv) will be obtained from insurance carriers having an A.M Best rating of at least A-VII.

(c). If requested, Licensee shall provide the City with a Certificate of Insurance to provide evidence of insurance. Licensee will endeavor to provide the City with thirty (30) days prior written notice of cancellation upon receipt of notice thereof from its insurer(s).

11. Assignment. Licensee may assign this Agreement, any City Pole License, and/or related permits to any entity which (i) is an affiliate, subsidiary or successor of Licensee; or (ii) that acquires all or substantially all of the Licensee’s assets in the market. Licensee shall provide the City notice of any such assignment. Otherwise, Licensee shall not assign or transfer this Agreement or the rights granted hereunder without the City’s consent.

12. Notices. Notices required by this Agreement may be given by registered or certified mail by depositing the same in the United States mail or with a commercial courier. Unless either party notifies the other of a change of address, notices shall be delivered as follows:

If to City: With a copy to:

City of Auburn City of Auburn24 South Street 24 South StreetAuburn NY 13021 Auburn NY 13021Attn: Office of the Mayor Attn: City Manager's Office

If to Licensee:

Bell Atlantic Mobile Systems LLC180 Washington Valley RoadBedminster, New Jersey 07921 Attention: Network Real Estate

Notices shall be deemed effective upon delivery or refusal of delivery.

13. Change of Law. If any state or federal Law sets forth a term or provision that is

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inconsistent with or different than this Agreement, then the Parties agree to promptly amend the Agreement to effect the term or provision set forth under such Law.

14. Taxes. If City is required by Law to collect any federal, state, or local tax, fee, or other governmental imposition (each, a “Tax”) from Licensee with respect to the transactions contemplated by this Agreement, then City shall bill such Tax to Licensee in the manner and for the amount required by Law. Licensee shall pay such billed amount of Tax to City, and City shall remit such Tax to the appropriate tax authorities as required by Law. Licensee shall have no obligation to pay any Tax for which Licensee is exempt. Otherwise, Licensee shall be responsible for paying all Taxes that are the legal responsibility of Licensee under Laws.

15. Laws; Non-discrimination; Definition of Small Cell Facility.

(a) The Parties shall comply with applicable laws including, without limitation, regulations and judicial decisions, Federal Communications Commission regulations and order (“Law” or “Laws”).

(b) Notwithstanding anything else in this Agreement, City shall treat Verizon in a manner that is competitively neutral, nondiscriminatory, consistent with all applicable Laws, and is no more burdensome than other users of the ROW or City poles.

(c) “Small Wireless Facilities” are defined at those meeting the following conditions:

i. The facilities are mounted on structures 50 feet or less in height including their antennas, or are mounted on structures no more than 10 percent taller than adjacent structures, or do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater;

ii. each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume, and

iii. all other wireless equipment associated with the structure including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume.

16. Miscellaneous. This Agreement shall be governed by the laws of the State of New York and all other applicable Laws. The provisions of this Agreement may be waived or modifiedonly by written agreement signed by both parties. This Agreement may be executed in counterparts. A scanned or electronic copy shall have the same legal effect as an original signed version. If one or more provisions in this Agreement is found to be invalid, illegal or otherwise unenforceable, all other provisions will remain unaffected and shall be deemed to be in full force and effect and the Parties shall amend this Agreement, if needed to effect the original intent of the Parties. This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and their respective successors. Nothing in this Agreement shall be construed to grant Licensee

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an interest in the City’s ROW or City assets located in the ROW. Neither Party shall be responsible for delays in the performance of its obligations caused by events beyond the Party's reasonable control. As to the subject matter hereof, this Agreement is the complete agreement of the Parties. The Parties represent and warrant that the individuals executing this Agreement are duly authorized.

[Remainder of page intentionally left blank; signature page to follow.]

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IN WITNESS WHEREOF, the Parties have executed, or caused their respective duly authorized representatives to execute, this Agreement as of the day and year listed below.

CITY OF [CITY] Bell Atlantic Mobile Systems LLC

__________________________ __________________________ (Signature) (Signature)

Michael D. Quill George RigginsMayor VP Northeast EngineeringDate: Date:

APPROVED AS TO FORM:

__________________________Stacy DeForrest, Esq.Corporation Counsel

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EXHIBIT A

FEE SCHEDULE

One-Time Pole License Application Fees: $500.00 for an application for

attaching to up to 5 facilities, and $100.00 for each additional attachment beyond 5,

and $1,000.00 for an application for a new pole.

City-owned Poles Recurring Fee: $270.00 - per pole per year

Privately Owned Poles or Verizon Owned Poles Previously Permitted for Installation

Recurring Fee: $135.00 – per pole per year

Except as provided in this Fee Schedule, the City shall not require any other or additional recurring fees, costs, or charges of any kind.

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EXHIBIT BForm of Application for Pole License

Pole License Application No. __For Attachment of Wireless Communications Facilities

Applicant/Licensee: __________________________________________Governing Agreement: Wireless Communications Facilities Master License Agreement dated __________ (“Master License Agreement”)Date: ________________________

Applicant will own, install, maintain, repair and replace all Equipment identified in this application, as further provided in the Master License Agreement.

Check the appropriate box:

City will own, maintain, repair and replace (as necessary) the pole(s) at the location(s) referenced in the following table. City will, at Applicant’s expense, replace existing City pole(s) with new pole(s) if needed to support the initial attachment of the Equipment.

*Application fee(s) and annual fee(s) to commence and be paid consistent with the terms of the Master License Agreement.

Applicant will own, maintain, repair and replace (as necessary) the pole(s) at the location(s) referenced in the following table. Applicant will, at Applicant’s expense, replace existing City pole(s) with new pole(s) to support the initial attachment of the Equipment.

*Application fee(s) to commence and be paid consistent with the terms of the Master License Agreement. Note: Attachment fees do not apply to poles owned by Applicant.

Pole Type VerizonSite ID #

City Site ID #

Lat/Long Coordinates

General Equipment Description

Application Fee (per Pole)

Annual Fee (per Pole)

[Streetlight] $ $

$ $

Pole Type VerizonSite ID #

City Site ID #

Lat/Long Coordinates

General Equipment Description

Application Fee (perPole)

[Streetlight] $

$

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If more than one (1) site is listed above, rejection of one (1) or more sites shall not constitute a rejection of all other acceptable sites.

APPLICANT SHALL PROVIDE THE FOLLOWING IF/AS APPLICABLE: Site plan and engineering design and specifications for installation of Equipment,

including the location of radios, antenna facilities, transmitters, equipment shelters, cables, conduit, point of demarcation, transport solution, electrical distribution panel, electric meter, and electrical conduit and cabling. Where applicable, the design documents should include specifications on design, pole modification, and ADA compliance.

Load bearing study that determines whether the City pole requires reinforcement or replacement in order to accommodate attachment of Equipment. If pole reinforcement or replacement is warranted, the design documents should include the proposed pole modification.

If the proposed installation will require a new pole or reinforcement or replacement of an existing City pole, provide applicable design and specification drawings.

The number, size, type and proximity to the facilities of all communications conduit(s) and cables to be installed.

Description of the utility services required to support the facilities to be installed. All necessary permits and letters of authorization from all affected parties. List of the contractors and subcontractors, and their contact information, authorized to

work on the project.

ATTACH CHECK OR MONEY ORDER IN AMOUNT OF APPROPRIATE APPLICATION FEE. THIS PROCESSING FEE IS NON-REFUNDABLE AND NON-TRANSFERABLE.

THE CITY WILL PROCESS THIS APPLICATION WITHIN 30 DAYS OF RECEIPT DATE, UNLESS AN AGREEMENT IS EXECUTED BY APPLICANT AND THE CITY TO EXTEND THE APPROVAL DATE.

APPLICANT SIGNATURE: __________________________PRINTED NAME: __________________________TITLE: __________________________

---------------------------------------FOR CITY USE ONLY--------------------------------------

RECEIPT DATE: __________________________ APPLICATION NO.: ___________APPROVED BY: __________________________PRINT NAME: __________________________TITLE: __________________________CITY POLE LICENSE APPROVAL DATE: _________________________

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EXHIBIT C

Equipment Types and Installation Configurations

City of Auburn

Small Wireless Facilities

Aesthetic Design Standards

Office of Planning and Economic Development

March 2020

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TABLE OF CONTENTS

1. BACKGROUND AND PURPOSE ..................................................................4

1.2 Definitions.......................................................................................................5

2. GENERAL REQUIREMENTS........................................................................7

2.1 Small Wireless Facility Equipment ..................................................................7

2.2 New and Replacement Metal Poles...............................................................10

2.3 Generally Applicable Requirements ..............................................................11

2.31 Preferred Locations......................................................................................11

2.32 Historic Preservation....................................................................................12

3. ATTACHMENTS TO THIRD PARTY UTILITY POLES .....................................13

3.1 Purpose .........................................................................................................13

3.2 Standards ......................................................................................................13

4. ATTACHMENTS TO TRAFFIC SIGNAL POLES .............................................14

4.1 Purpose .........................................................................................................14

4.2 Standards ......................................................................................................14

5. ATTACHMENTS TO STREET LIGHT POLES.................................................15

5.1 Purpose .........................................................................................................15

5.2 Standards ......................................................................................................15

6. INSTALLATION OF SMALL CELL POLES ....................................................16

6.1 Purpose .........................................................................................................16

6.2 Standards ......................................................................................................16

6.3 Placement Requirements..............................................................................16

7. INSTALLATION OF SMART POLES ..............................................................19

7.1 Purpose ..........................................................................................................19

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7.2 Standards .......................................................................................................19

7.3 Placement Requirements..............................................................................19

8. EXCEPTIONS.............................................................................................20

8.1 Purpose ..........................................................................................................20

8.2 Standards .......................................................................................................20

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1. BACKGROUND AND PURPOSE

Pursuant to FCC Declaratory Ruling and Third Report and FCC Order18-133, effective January 14, 2019,wireless service providers and wireless infrastructure providers are permitted to locate small wireless facilities in the public right-of-way. These networks of low-powered micro antennas provide cellular and data coverage to supplement the provider’s macro-cellular network. New small cell installations will improve the providers’ ability to meet current and future consumer cellular and data needs.

The following design standards have been developed by the City of Auburn to ensure that the design, appearance, and other features of small wireless facilities are compatible with nearby land uses; to prevent the intangible public harm of unsightly or out-of-character deployments; to ensure vehicular and pedestrian traffic safety and coordinate various uses in the right-of-way; and to protect the integrity of historic, cultural, and scenic resources and citizens’ quality of life. This document establishes design and aesthetic requirements that all small wireless facilities installed within the ROW must meet prior to installation within Auburn boundaries. Small wireless facilities installed within the ROW are bound to these design standards.

There are several different small wireless facility installations permitted within Auburn:

• Attachments to utility poles and utility lines (strand mounted),

• Attachments to traffic signal poles,

• Attachments to certain types of streetlights,

• New freestanding installations (small cell pole)

• New combination poles with street light and concealed small wireless facility (smart poles)

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1.2 DEFINITIONS

City or Auburn means The City of Auburn, New York.

City Engineer means the City Superintendent of Engineering Services, or their successor.

Design Standards or Standards means these design standards prepared by the City.

FCC means the Federal Communications Commission of the United States.

NYSEG means NYSEG, a wholly-owned subsidiary of AVANGRID Inc., or its successor.

OEM means original equipment manufacturer.

Ornamental street light pole means a street light pole made of aluminum, steel, or fiberglass with cast or molded decorative detailing.

Provider means a wireless service provider or wireless infrastructure provider.

RF means radio frequency.

ROW means the public rights-of-way owned, managed or controlled by the City.

Small cell pole means a new freestanding pole installation for the primary purpose of supporting a small wireless facility.

Small wireless facilities, consistent with FCC Order 18-133, Appendix A, are facilities that meet each of the following conditions:

i. The facilities are mounted on structures 50 feet or less in height including their antennas, or are mounted on structures no more than 10 percent taller than adjacent structures, or do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater;

ii. each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume, and

iii. all other wireless equipment associated with the structure including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume.

Smart pole means a pole integrating a street light and concealed small wireless facility equipment.

Street light pole means a pole whose primary purpose is supporting a street light.

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Utility pole means, for purposes of these design standards, a utility pole owned by a third party utility company, such as NYSEG, Verizon, or the City.

Verizon means Verizon New York, Inc.

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2. GENERAL REQUIREMENTS

STANDARDS TABLES

2.1 SMALL WIRELESS FACILITY EQUIPMENT

AESTHETICS Providers shall consider the aesthetics of the existing street lights and other City infrastructure near proposed small wireless facility locations, with special attention given to the details of neighborhoods with unique or decorative street light assemblies. Unique or decorative assemblies may include mast arms, decorative pole bases, architectural luminaires, mounting heights, pole colors, etc. Equipment should match the aesthetics of the pole and surrounding poles.

EXTERNAL SHROUDING 4G antennas shall be cantennas or contained in a shroud and any other equipment shall be contained in an equipment cabinet, unless the visual impact can otherwise be reduced by its location on the pole. 5G antennas are not required to be shrouded, but shall be reasonably colored to match the pole on which they are mounted. On wood poles, the color of attachments shall be gray or OEM default colors.

SIDEARM (OFF-SET) INSTALLS The nearest point of the enclosure to the pole shall not extend more than 30 inches from the pole or as specified by pole owner(s). The minimum mounting height shall be 20 feet. The use of mounts with open angled support should be avoided.

CONDUITS All cables shall be in rigid conduits from below ground to eight (8) feet above grade. Cables shall be in conduits or covers at heights greater than eight (8) feet above grade. Conduits and covers shall be surface mounted to the pole unless required to be installed inside the pole.

HARDWARE ATTACHMENT Welding onto existing equipment is not permitted.

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COLOR All equipment shall be colored or painted to match pole aesthetics. If a wood pole, the visible attachments and hardware shall be colored gray or OEM default colors. Paint color and type shall be that specified by the City Engineer.

CABLES All cables shall be clearly labeled for future identification.

CANTENNAS Cantennas or antennas contained in a shroud shall be mounted directly on top of the pole, unless a side arm installation is required by a pole owner. Cantenna shall be no more than 3 cubic feet in volume.

STICKERS OR SIGNS Any on-pole cabinet and any ground mounted utility box shallbe labeled with:

(1) RF warning sticker or sign, no larger than 10 inches by 7 inches. Facing to the street near the elevation of the antennas, and

(2) 5 inches by 7 inches (maximum) plate with the provider’s name, location identifying information, and 24-hour emergency telephone number.

No product advertising shall be permitted.

LIGHTS There shall be no lights on the equipment unless required by federal law.

GROUND MOUNTED EQUIPMENT BOX

Shall not be permitted unless applicant demonstrates that no other feasible options for containing the necessary equipment are available. Boxes shall not be placed closer than 20 feet from a street corner, and sight lines for drivers and pedestrians must be preserved. The City Engineer shall make the final determination on approval or denial of the proposed placement. All ground mounted equipment boxes shall be attached to a concrete foundation. All equipment must be at least two (2) feet clear of the curb. The City prefers equipment to be placed in existing underground vaults when available.

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POLE CONNECTION Attachments to the side of a pole shall be oriented away from the street side of the pole, placed perpendicularly or parallel to the street, unless applicant demonstrates need for variation. Providers shall use a consistent orientation on poles located on the same block. Attachments must be at least two (2) feet clear of the curb.

HEIGHT OF EQUIPMENT ON POLE The lowest point shall not be lower than eight (8) feet from the grade directly below the equipment enclosure.

ELECTRIC METER The City strongly encourages site operators to use flat-rate electric service when it would eliminate the need for a meter.

Otherwise, as required by NYSEG and in a location that (1) minimizes its interference with other users of the City’s right-of-way including, but not limited to, pedestrians, motorists, and other entities with equipment in the right-of-way, and (2) minimizes its aesthetic impact.

City of Auburn Small Wireless Facilities Aesthetic Design Standards

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2.2 NEW AND REPLACEMENT METAL POLES

POLE STYLE Pole shall match aesthetics of surrounding street lights. Pole extension on traffic signal pole shall match the rest of the pole.

COLOR A pole and pole extension shall be colored or painted to match existing street light aesthetics. Paint color and type used shall be that specified by the City Engineer.

HEIGHT Post-installation pole height shall be measured from the top of the foundation to the top of the highest mounted piece of equipment.

INTERNAL INSTALLS Equipment shall be installed internally when using a new underground-fed pole. Any equipment installed within a pole shall not protrude from the pole except to the extent reasonably necessary to connect to power or a wireline, or as required by NYSEG.

STICKERS OR SIGNS Each pole shall be labeled with:

(1) RF warning sticker or sign, no larger than 10 inches by 7 inches. Facing to the street near the elevation of the antennas, and

(2) 5 inches by 7 inches (maximum) plate with the provider’s name, location identifying information, and 24-hour emergency telephone number.

No product advertising shall be permitted.

City of Auburn Small Wireless Facilities Aesthetic Design Standards

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2.3 GENERALLY APPLICABLE REQUIREMENTS

Any small wireless facilities, whether located on an existing pole or installed on or in a new pole, shall comply with the following requirements:

• Shall preferably be on a pole located as close as possible to the point of intersection created by the extension of side-yard property lines with the existing line of utility or street light poles in the right-of-way, and preferably along a property’s secondary street facing.

• Shall be installed with appropriate clearance from existing utilities.

• Providers shall consider the aesthetics of existing street lights and street furniture in the neighborhood of the proposed small cell locations. These aesthetic considerations and accommodations shall be included in the application submittal.

• All equipment located within the public ROW shall be located such that it meets ADA requirements and does not obstruct, impede, or hinder usual pedestrian or vehicular travel or interferes with the operation and maintenance of signal lights, signage, street lights, street furniture, fire hydrants, or business district maintenance.

• New small wireless facility wires, cords and cables shall be encased in a separate conduit than any City wires, cords, and cables.

• Shall be placed so as not to interfere with normal operation and maintenance of street lights or other street appurtenances.

• The size of small wireless facilities shall be minimized as much as possible to minimize visual impact without decreasing the level of service desired by provider.

2.31 CITY’S PREFERRED SMALL WIRELESS FACILITY EQUIPMENT LOCATIONS IN ORDER OF PREFERENCE:

• Strand mounted to a utility, if meeting provider service objective.

• Attached to existing utility poles or to traffic signal poles.

• Attached to plain wood or plain metal street light poles.

• Replacement plain metal street light pole with concealed small wireless facility equipment and antennas (smart pole).

• Installation of small cell poles.

City of Auburn Small Wireless Facilities Aesthetic Design Standards

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• Replacement decorative street light pole with concealed small wireless facility equipment and antennas (smart pole).

Applicant shall demonstrate the infeasibility of each city-preferred location before requesting permission for the next on the list.

2.32 STANDARDS FOR SMALL WIRELESS FACILITIES WITHIN NATIONAL REGISTER-LISTED HISTORIC DISTRICT(S) OR LOCAL HISTORIC DISTRICT(S) OR ADJACENT TO NATIONAL REGISTER-LISTED SITES OR LOCAL PROTECTED SITES

In order to maintain the character of a historic district or landmark, all wireless facilities and new structures in or adjacent to a historic district or landmark must employ screening, concealment, camouflage, or other stealth techniques to minimize visual impacts. The placement of small wireless facilities on existing structures or new poles shall be subject to the following:

• Installation of small wireless facilities within a local historic district or adjacent to a local landmark site shall require a consultation with the City Historic Resources Review Board.Comments from the Board, regarding the installation, shall be forwarded to the City Engineer.

• Lattice structures and new wooden structures will not be permitted.

• Small wireless facilities shall not be installed on existing or new poles located in front of asite/building designated as a local landmark or individually listed on the National Register.

• The design of wireless facilities and related new structures must be integrated with existing buildings, structures and landscaping, including considerations of height, color, style, placement, design and shape.

City of Auburn Small Wireless Facilities Aesthetic Design Standards

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3. ATTACHMENTS TO UTILITY POLES

3.1 PURPOSE

This chapter of the standards governs attachment of a small wireless facility to a utility pole.

3.2 STANDARDS

A small wireless facility attachment shall conform to pole owner’s attachment standards. Any attachment to a utility pole or utility line shall first be approved by the owner(s) of the utility pole or line.

All associated equipment shall be mounted on poles if allowed by pole owner and pole is capable of supporting.

Fiber, wires and cables shall be in conduits or covers surface-mounted to pole.

One (1) small wireless facility will be allowed by the City per utility pole if technically feasible and if in the determination of the City Engineer there are no safety or aesthetic concerns. These standards apply whether attachment is to an existing utility pole, or the owner requires installation of a replacement utility pole.

City of Auburn Small Wireless Facilities Aesthetic Design Standards

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4. ATTACHMENTS TO TRAFFIC SIGNAL POLES

4.1 PURPOSEThis chapter of the standards governs attachment of a small wireless facility to a traffic signal pole.

4.2 STANDARDS

One (1) small wireless facility will be allowed by the City per traffic signal pole if technically feasible and if in the determination of the City Engineer there are no safety or aesthetic concerns.

All provider equipment other than the antenna shall be housed inside an existing underground vault,inside the pole or a pole extension at the top of the pole, inside a pole-mounted cabinet, or hidden within the cantenna. The cantenna shall only be attached to the top of the pole. 5G antennas shall be mounted not more than 6” from the pole or pole extension and shall be colored to match the pole.

Fiber, wire and cables shall be inside pole in a conduit. If conduit space is not available, the pole cannot be used.

A small wireless facility may not be placed on a traffic signal pole which has a luminaire attached.

City of Auburn Small Wireless Facilities Aesthetic Design Standards

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5. ATTACHMENTS TO STREET LIGHT POLES

5.1 PURPOSE

This chapter governs small wireless facility attachments to a street light pole. Two different types of small wireless facility installations are permitted on street light poles, which are:

• Locating small wireless facility equipment on plain (non-decorative) wood or plain (non-decorative) metal street light poles.

• Replacing an existing plain wood or plain metal street light pole or adding a new one so that small wireless facility equipment can be attached.

5.2 STANDARDS

No small wireless facility placement shall be allowed as attachments on ornamental street lighting poles as determined by the City. Replacement of an existing ornamental street light pole with a matching smart pole may be permitted as per Section 7.

One (1) small wireless facility will be allowed by the City per street light pole if technically feasible and if in the determination of the City Engineer there are no safety or aesthetic concerns. These standards apply whether attachment is to an existing street light pole or to a replacement street light pole.

On an existing pole, the equipment excluding the antenna shall be in an equipment cabinet if on the pole, otherwise shielded from view, hidden within the cantenna, or contained in an existing underground vault or new or existing ground-mounted utility box.

• All equipment not concealed in a base cabinet shall be above the ground at least 8 feet.

• Equipment shall be oriented away from the street. If an exception is made allowing the small cellequipment to orient toward the street, the attachment shall be installed no less than 16 feet above the ground.

• The lighting level-of-service shall not be decreased.

• The City may require a new smart pole in lieu of collocating on a metal street light pole. See Section 7 for smart pole standards.

• Wood poles shall only be allowed by approval when replacing an existing wood pole.

City of Auburn Small Wireless Facilities Aesthetic Design Standards

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6. INSTALLATION OF SMALL CELL POLE

6.1 PURPOSE

This chapter of the Standards is to be used when installing a freestanding small wireless facility installation, referred to as a small cell pole.

6.2 STANDARDS

All small wireless facility carrier equipment excluding the antenna shall be housed internal to an equipment cabinet at the base of the pole or hidden within the pole or cantenna. No provider equipment shall be strapped or banded to the outside of the small cell pole.

• Small Cell Poles shall coordinate with neighborhood pole style, color, and material type, matching aesthetics of adjacent poles, but may have larger diameter to internally conceal equipment.

• A base containing equipment shall be round with a preferred diameter of the base cabinet 18 inches with a maximum 24 inch diameter. The meter shall be contained in an equipment cabinet as approved by NYSEG.

• Ownership of small cell poles is to remain with the provider.

• At least 15% of the pole design structural capacity shall be reserved for future City installations.

• All new poles shall have appropriate clearance from existing utilities.

• Small Cell Poles shall have a smooth transition from the upper pole to the cantenna or 5G antenna.

• Wood poles shall not be allowed.

6.3 PLACEMENT REQUIREMENTS

All small cell poles shall be privately owned and shall be permitted by the Department of Engineering via the ROW Permit Requirements as outlined in the Master License Agreement.

• Preferred location for new pole is generally on an extension of the side-yard property line at the intersection with the line of street lights, utility poles, or trees in the ROW, to avoid interference with building face, views, business signage, pedestrian flow, etc.

• Small Cell Poles placement shall not impede, obstruct, or hinder pedestrian or vehicular travel.

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• Small Cell Poles shall not be located along the frontage of a historic building, deemed historic on a federal, state, or local level.

• Whenever possible, the freestanding small wireless facility shall be located on the secondary street.

• Small Cell Poles shall be located within the street amenity zone whenever possible.

• All new poles shall be in line with adjacent utility or street light poles, and preferably be equidistant from them.

• To minimize conflicts with trees, minimum distance standards will be established from tree canopy edge. Distances will vary based on current age of tree (which is based on diameter of trunk) in order to anticipate future tree growth.

a. Distance from canopy edge of low-growing trees

Trunk Diameter Distance from canopy edge

1 to 6” 20’

7 to 12” 15’

13” and up: 10’

b. Distance from canopy edge of tall-growing trees

Trunk Diameter Distance from canopy edge

1 to 6” 40’

7 to 12” 30’

13” and up 20’

The City may refuse applications for sites that are prime locations for tree planting due to soil quality, tree lawn width, and importance of tree canopy at this location to the community.These priority tree planting areas are typically on the side of the street without utility poles, and have tree lawns (planting strips) greater than seven (7) feet wide between the curb and the sidewalk.

Small Cell Poles shall be placed at an equal distance between trees and other poles whenpossible.

• Small Cell Poles shall not be installed between the perpendicular extension of the primary street-facing wall plane of any single- or two-family residence and the street.

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• When located adjacent to a commercial establishment, such as a shop or restaurant, small cell polesshall not be located in front of store front windows, primary walkways, primary entrances or exits, or in such a way that would impede a delivery to the building.

• Small Cell Poles shall be at least 5’ from driveways, entrances or private lead walks to buildings, and bus shelters.

• Small Cell Poles shall be placed an adequate minimum distance from intersection corners as to not impede the vision at any intersection or impact pedestrian travel.

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7. INSTALLATION OF SMART POLES

7.1 PURPOSE

This chapter of the Standards is to be used when installing a:

• Replacement plain metal street light pole with internally concealed small wireless facility equipment and antennas; or

• Replacement ornamental street light pole with internally concealed small wireless facilityequipment and antennas.

7.2 STANDARDS

All small wireless facility carrier equipment excluding the antenna shall be housed internal to an integrated equipment cabinet at the base of the pole, or concealed within the pole or cantenna. No provider equipment shall be strapped to the outside of the smart pole.

Smart poles shall reasonably match neighborhood pole style, color and material type. Height of smart pole shall not exceed the lesser of 10 feet higher than original/surrounding light poles, or 40 feet.

A base containing equipment shall be round with a preferred diameter of the base cabinet 18 inches with a maximum 24 inch diameter. The meter shall be contained in the base cabinet or as approved by NYSEG.

New luminaires shall be mounted at the same height as adjacent street lights. New luminaires shallreasonably match existing and shall incorporate the City’s networked lighting control node.

The lighting level-of-service shall not be decreased.

7.3 PLACEMENT

Smart poles shall be installed in the same location as the original street light pole, unless otherwise directed by the City Engineer.

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8. EXCEPTIONS

8.1 PURPOSE

This chapter of the standards is to be used when requesting to install small wireless facility equipment in a manner unforeseen or not otherwise covered by the standards set elsewhere in this document.

8.2 STANDARDS

Deviations from the Design Standards may be approved if reasonable on a case-by-case basis by the Auburn City Engineer, after review by the City Design Review Committee, prior to installation.

□□□

COUNCIL MEMORANDUM

Memorial City Hall24 South Street

Auburn, New York 13021

TO: Honorable Mayor and Members of City Council

FROM: Stacy DeForrest, Esq.

DATE: March 19, 2020

RE: Agreement Resolution #40 of 2020 Authorizing an Agreement to Lease Parking Spaces to Wegmans

Background:

Since 2011, the City of Auburn has leased certain under-utilized parking spaces located on the south side of Genesee Street between South Street and Loop Road to Wegman’s Food Markets, Inc. (“Wegman’s”).

The City and Wegman’s entered into similar leasing agreements in 2018 and 2019, which lasted six month terms. Under those agreements, Wegman’s leased 8 spaces at a cost of $375.00 per month.

Wegman’s now proposes to lease the same 8 parking spaces for use during the Spring andSummer seasons in 2020. The term would commence on April 1, 2020, and end on September 30, 2020. Wegman’s would pay $2,250 to the City in exchange for the right to exclusively use these parking spaces.

Recommendations

City staff recommends that Council authorize the proposed lease agreement.

Fiscal Implications:

Pursuant to the proposed agreement, Wegman’s will pay $2,250.00 to the City on or before April 30, 2020, which revenue shall be paid into the City’s General Fund.

AGREEMENT RESOLUTION #40 OF 2020

AUTHORIZING AN AGREEMENT TO LEASE PARKING SPACES TOWEGMAN’S FOOD MARKET’S INC.

By:__________________ March 19, 2020

WHEREAS, the City of Auburn has historically leased underutilized parkingspaces located on the south side of Genesee Street between Loop Road and South Streetto Wegman’s Food Markets, Inc. (“Wegman’s”); and

WHEREAS, the existing lease agreement terminates on March 31, 2020, and the parties would like to enter into a new agreement; and

WHEREAS, under the proposed agreement, which is attached hereto and incorporated herein, Wegman’s will pay the City the sum of $2,250 for eight (8)designated parking spaces for the next six (6) months commencing on April 1, 2020, and ending on September 30, 2020; and

WHEREAS, Wegman’s has already approved the proposed Agreement.

NOW, THEREFORE, BE IT RESOLVED that the Auburn City Council does hereby approve an Agreement between the City of Auburn and Wegman’s Food Markets, Inc., under which Wegman’s will lease eight (8) designated parking spaces on the south side of Genesee Street between South Street and Loop Road beginning April 1, 2020, and ending on September 30, 2020, for the payment of $2,250; and

BE IT FURTHER RESOLVED that the Mayor is authorized to sign any and all documents in order to finalize the agreement.

Seconded by ___________________

Ayes NoesCouncilor McCormickCouncilor GiannettinoCouncilor CuddyCouncilor LocastroMayor Quill

Carried and Adopted

COUNCIL MEMORANDUM

Memorial City Hall24 South Street

Auburn, New York 13021

TO: Honorable Mayor and Members of City Council

FROM: Seth N. Jensen, Director of Municipal Utilities

DATE: March 19, 2020

RE: Award Resolution #41 of 2020; Awarding a Bid for the General Construction of the Zebra Mussel Control System Project

Background:

Since May of 2018, the Department of Municipal Utilities has been working towards a solution to replace the failing chemical feed system at the upper pump station which delivers chlorine to the intake crib of the City's raw water intake line in Owasco Lake.

At the time the project was identified for replacement, one of the two chemical feed lines was failed and no longer able to supply chlorine to treat for zebra mussel buildup in the intake pipe. Over the past 2 years, the second line has begun to plug and is currently no longer working properly.

In May of 2018, City Council voted to fund the engineering necessary to develop 100% permitted and design plans, necessary to hire a qualified contractor to replace the system. Between May 2018 and September of 2019, the City was able to hire a firm and work with professional engineering staff to develop the necessary design plans. At that time, City Council approved the Director of Municipal Utilities and Director of Capital Projects and Grants to seek grant funding thru the Water Infrastructure Investment Act (WIIA).

Fortunately, in December of 2019, the City received notification from the New York State Environmental Facilities Corporation the WIIA grant application was accepted and the City was awarded a 60% match grant for a total project cost of $902,000. The maximum grant award is $541,200.

Upon receiving notification of grant award, the City moved forward with bidding the project, in accordance with City and NYSEFC grant requirements. The low bid received was from Fingerlakes Industrial Construction Corporation (FICC) in the amount of $499,816. This bid is less than the engineers estimate and falls within the grant funding award. The Department of Municipal Utilities, Department of Engineering Services, and GHD Engineering have reviewed the bids and recommend Council award the project to FICC in the amount of $499,816.

Pursuant to the terms of the grant award, 60% of the costs associated with this project will be fully eligible for grant reimbursement from NYSEFC. A copy of the GHD recommendation for award and Bid Tabulation is attached as reference to this resolution as well. Recommendations

City staff is requesting awarding the general construction contract to FICC in the amount of $499,816.

Fiscal Implications:

$499,816 will be charged to Capital Project: HF 8330 440JL Zebra Mussel Control Project, 60% of which will be reimbursed by the State Grant.

AWARD RESOLUTION #41 OF 2020

AWARDING A BID FOR GENERAL CONSTRUCTION FOR THE ZEBRA MUSSEL CONTROL SYSTEM REPLACEMENT PROJECT

By Councilor ___________________ March 19, 2020

WHEREAS, on April 19, 2019, the City Council of the City of Auburn passed Financial Resolution #60 of 2019, authorizing the funding necessary to complete a design project to replace the City's failing Zebra Mussel Control System (the Project) at the Upper Pump Station; and

WHEREAS, in accordance with the City of Auburn procurement policy, the City of Auburn Staff issued a Request for Proposals to solicit an engineering firm to complete the 100% design documents necessary to bid the general construction contract for the Project; and

WHEREAS, on September 12, 2019, the City Council of the City of Auburn passed Council Resolution #110 of 2019, authorizing an application for NYS Water Infrastructure Improvement Act (WIIA) Grant Funding for the Project; and

WHEREAS, in December of 2019, the City received notification of grant award for the Project funding up to $541,200 or 60% of total project cost of $902,000; and

WHEREAS, on January 28, 2020, the City of Auburn Staff advertised bids for the Project; and

WHEREAS, on Tuesday, February 25, 2020, bids for the Project for General Construction were opened and the following bids were received:

1. Fingerlakes Industrial Const. Corp. $ 499,816.00Seneca Falls, NY

2. Hohl Industrial Services, Inc. $ 903,876.00Tonawanda, NY

; and

WHEREAS, the City of Auburn Department of Engineering Services, Department of Municipal Utilities, and GHD Engineering have completed a bid analysis and recommends that Fingerlakes Industrial Construction Corporation of Seneca Falls, NY be awarded the general construction contract for the Project; and

WHEREAS, pursuant to General Municipal Law Section 103, it is necessary thatthe appropriate officer, board or agency of the City of Auburn award the bid for the Project to Fingerlakes Industrial Construction Corporation in the amount of $499,816.00.

NOW, THEREFORE, BE IT RESOLVED that the Auburn City Council does hereby award the bid for the Project for the general construction contract in the amount of $499,816.00 to Fingerlakes Industrial Construction Corporation and the cost of the bid award of $499,816.00 is to be charged to Zebra Mussel Control Project capital account (#HF8330-440-JL), 60% of which shall be reimbursed by the grant; and

BE IT FURTHER RESOLVED that the Mayor is authorized to sign any and all documents necessary for awarding the aforementioned bid.

Seconded by Councilor________________________

Ayes NoesCouncilor McCormickCouncilor GiannettinoCouncilor CuddyCouncilor LocastroMayor Quill

Carried and Adopted

Item Description Qty Unit Unit Cost Computed Totals Unit Cost Computed TotalsB-1 Sodium Hypochlorite Lines Inside Intake Pipe 1800 LF 91.33$ 164,394.00$ 240.82$ 433,476.00$ B-2 Demolition 1 LS 29,495.00$ 29,495.00$ 212,700.00$ 212,700.00$ B-3 General Construction 1 LS 270,927.00$ 270,927.00$ 222,700.00$ 222,700.00$ B-4 Miscellaneous Additional Work Allowance 1 LS 35,000.00$ 35,000.00$ 35,000.00$ 35,000.00$

TOTAL: 499,816.00$ TOTAL: 903,876.00$

Yellow denotes, revised costAddendum 2, changed B-1 quanitity from 1700 LF to 1800 LF

Hohl Industrial Services, Inc

City of Auburn New YorkZebra Mussel Control System Replacement

Bid Opening - February 25, 2020 at 11:30 AM

Fingerlakes Industrial Cont. Corp.

GHD 285 Delaware Avenue Suite 500 Buffalo New York 14202 USA T 716 856 2142 F 716 856 2160 W www.ghd.com

February 26, 2020 Reference No. 11194038

Original sent via email

Mr. Seth Jensen, P.E. Director of Municipal Utilities City of Auburn Department of Municipal Utilities 35 Bradley Street Auburn, NY 13021

Dear Mr. Jensen:

Re: Bid Review Zebra Mussel Control Project City of Auburn, New York

Sealed bids for the Zebra Mussel Control Project for the City of Auburn were opened on February 25, 2020 at 11:30 a.m.

The lowest total bid price received was from Fingerlakes Industrial Contracting Corp. (Fingerlakes) in the amount of $499,816.00. The City Engineering Department has tabulated the bid amounts and no mathematical errors which influence the award were found. On February 25, 2020 at approximately 2:00 p.m., GHD contacted Fingerlakes to discuss their bid proposal. Fingerlakes indicated that they understand the contract requirements and are confident with their pricing. Based on the fact that GHD worked with Fingerlakes on the City of Syracuse Zebra Mussel Control Project in 2018, we are confident that Fingerlakes has the ability and expertise to complete the work included within the City of Auburn Zebra Mussel Control Project in accordance with the contract documents.

Therefore, based upon our review of each bid proposal, we find no cause or reason why City of Auburn should not award the project to Fingerlakes in the amount of their total bid price of $499,816.00.

Please do not hesitate to contact me if you have any questions or require additional information.

Sincerely,

GHD Consulting Services Inc.

Michael J. Quinn, P.E. Project Manager

MJQ/jap/2

COUNCIL MEMORANDUM

Memorial City Hall24 South Street

Auburn, New York 13021

TO: Honorable Mayor and Members of City Council

FROM: Michael P. TalbotSuperintendent of Public Works

DATE: March 19, 2020

RE: Award Resolution #42 of 2020, Awarding a Contract for the Casey Park Pool Resurfacing

Background:

The Casey Park Recreational Facility was constructed in 1972 and various parts of the facility are in need of renovation. A liner was installed in the pool in 2007 and this liner is has been repaired several times and now is in need of removal. It has been decided to resurface the pool walls similar to its original construction in 1972.

On May 16, 2019, the City of Auburn Council passed Bond Ordinance #2 of 2019 establishing funds to support various projects at the Casey Park Recreational Facility. On March 18, 2020, the City of Auburn opened bids for the Casey Park pool resurfacing and the following bids were received:

Contractor Base Bid

Leisure Craft Pools $248,000Alternate #1 82,500

Reno Sys NO BID

Recommendations:

It is the recommendation of the City of Auburn Department of Public Works to award a contract for the Casey Park pool resurfacing to Leisure Craft Pools, in the amount of $248,000.

Fiscal Implications:

The cost of the Casey Park pool resurfacing is not to exceed $248,000 and is to be charged to the capital account entitled Casey Park Building Improvements, account number HA.7143.440.JW.

AWARD RESOLUTION #42 OF 2020

AWARDING A CONTRACT FOR THECASEY PARK POOL RESURFACING

By Councilor _____________________ March 19, 2020

WHEREAS, the Casey Park Recreational Facility was constructed in 1972 and various parts of the facility are in need of renovation; and

WHEREAS, in 2007 a pool liner was installed in the Casey Park pool, but this liner has been repaired several times and now is in need of removal and the pool walls need resurfacing; and

WHEREAS, on May 16, 2019 the City of Auburn City Council passed Bond Ordinance #2 of 2019, which established funding for the Casey Park Pool Resurfacing (the Project) at the Casey Park Recreation Facility; and

WHEREAS, City staff prepared bid documents and issued a formal bid for the Project,bids were advertised for the Project, and on March 18, 2020, the following bids were opened and received;

Contractor Base Bid1. Leisure Craft Pools $248,000

Alternate #1 85,500

2. Reno Sys NO BID ; and

WHEREAS, it is necessary that the Auburn City Council award the bid for the Casey Park Pool Resurfacing to the lowest qualified bidder, Leisure Craft Pools, in the amount of $248,000.

NOW, THEREFORE, BE IT RESOLVED that the Auburn City Council does hereby award the contract for the Casey Park Pool Resurfacing Project to Leisure Craft Pools for their low base bid of $248,000 and the cost of the Resolution is to be charged to the capital account entitled Casey Park Building Improvements (#HA.7143.440.JW); and

BE IT FURTHER RESOLVED that the Mayor is authorized to sign any and all documents in reference to the award of this bid.

Seconded by: ______________________Ayes Noes

Councilor McCormickCouncilor GiannettinoCouncilor CuddyCouncilor LocastroMayor Quill

Carried and Adopted

Memorial City Hall24 South Street

Auburn, New York 13021

TO: Honorable Mayor and Members of City Council

FROM: Michael P. TalbotSuperintendent of Public Works

DATE: March 19, 2020

RE: Award Resolution #43 of 2020 Awarding a Contract for the Casey Park Locker Room Locker Replacements

Background:

The Casey Park Recreational Facility was constructed in 1972 and various parts of the facility are in need of renovation. The lockers in the Men’s and Women’s locker rooms are in need ofreplacement.

On May 16, 2019 the City of Auburn Council passed Bond Ordinance #2 of 2019 establishing funds to support various projects at the Casey Park Recreational Facility. On March 18, 2020, the City of Auburn opened bids for the Casey Park locker room locker replacements and the following bids were received:

Contractor Base Bid

Rink Systems $49,850Alternate #1 6,500

SLC Colella Holdings, LLC $49,001Alternate #1 $14,000

Recommendations:

It is the recommendation of the City of Auburn Department of Public Works to award a contract for the Casey Park locker room locker replacements to SLC Colella Holdings, LLC, in the amount of $49,001 without alternate #1.

Fiscal Implications:

The cost of the Casey Park locker room locker replacements is not to exceed $49,001 and is to be charged to the capital account entitled Casey Park Building Improvements, account number HA.7143.440.JW.

AWARD RESOLUTION #43 OF 2020

AWARDING A CONTRACT FOR THECASEY PARK LOCKER ROOMS LOCKER REPLACEMENTS

By Councilor _____________________ March 19, 2020

WHEREAS, the Casey Park Recreational Facility was constructed in 1972 and various parts of the facility are in need of renovation, including the lockers in the Men’s and Women’s locker rooms; and

WHEREAS, on May 16, 2019 the City of Auburn City Council passed Bond Ordinance #2 of 2019, which established funding for the Casey Park Locker Rooms Locker Replacements(the Project) at the Casey Park Recreation Facility; and

WHEREAS, City staff prepared bid documents and issued a formal bid for the Project; and

WHEREAS, bids were advertised for the Project and on March 18, 2020, the following bids were opened and received;

Contractor Base Bid1. Rink Systems $49,850

Alternate #1 6,500

2. SLC Colella Holdings, LLC $49,001 ; andAlternate #1 $14,000

WHEREAS, it is necessary that the Auburn City Council award the bid for the Casey Park Locker Rooms Locker Replacements to the lowest qualified bidder, SLC Colella Holdings, LLC,in the amount of $49,001 without alternate 1.

NOW, THEREFORE, BE IT RESOLVED that the Auburn City Council does hereby award the contract for the Casey Park Locker Rooms Locker Replacements to SLC Colella Holdings, LLC for their low base bid of $49,001 and the cost of the Resolution is to be charged to the capital account entitled Casey Park Building Improvements (#HA.7143.440.JW); and

Ayes NoesCouncilor McCormickCouncilor GiannettinoCouncilor CuddyCouncilor LocastroMayor Quill

BE IT FURTHER RESOLVEDthat the Mayor is authorized to sign any and all documents in reference to the award of this bid.

Seconded by: ______________________

Carried and Adopted

COUNCIL MEMORANDUM

Memorial City Hall24 South Street

Auburn, New York 13021

TO: Honorable Mayor and Members of City Council

FROM: Christina J. Selvek, Director of Capital Projects & Grants

DATE: March 19, 2020

RE: Agreement Resolution #44 of 2020 Entering into a Professional Services Contract for GIS Services

Background:

The City of Auburn is required to follow professional services procurement policy associated with entering into professional service agreements. As such, the City Department of Engineering Services completed an RFP to engage industry leaders in our region who specialize in managing and updating Geographic Information System (GIS) mapping for the City of Auburn.

The City over the past few years has been making strides towards digitizing its entire sewer and water mapping. This effort requires the assistance from specialized GIS firms. In order to continue to move forward with the water, sewer, and other general fund related GIS services it was necessary to go out to competitive RFP to hire a firm to continue to offer these professional services for the City.

The City received 4 proposals, MRB Group, The CEDRA Corporation, Wendel, and Timmons Group. These 4 qualified firms were then scored by the office of Engineering Services and Municipal Utilities on criteria set forth in the RFP. Once the final scoring was completed, the average score was taken between departments and the following ranking was established:

1) MRB Group 93.52) The CEDRA Corporation 90.03) Wendel 82.54) Timmons Group 67.0

This resolution will enable the City to move forward with an annual term agreement with MRB Group with the option, if both parties agree, to 4 additional annual term agreements. The standard billing rates and fee structure compared in the RFP review will be utilized on an hourly basis to render the Professional GIS Services to the City of Auburn.

If City Council is interested in reviewing the contents of the received full Proposals please do not hesitate to contact me and I will email you copies of the proposals in .pdf format.

Fiscal Implications:

There is no fiscal cost to this resolution. The agreement will be used on a project by project basis and brought forth to City Council depending on the specific scope of work being done depending on task. For example, the contract will be used to continue to progress the GIS mapping of the Sewer Collection System GIS Mapping and a separate financial resolution will need to be approved by Council to progress that specific project forward.

AGREEMENT RESOLUTION #44 OF 2020

ENTERING INTO A PROFESSIONAL SERVICES CONTRACT FOR GEOGRAPHIC INFORMATION SYSTEM (GIS) SERVICES

By Councilor ___________________ March 19, 2020

WHEREAS, in accordance with the City of Auburn procurement policy, the City of Auburn Staff issued a Request for Proposals to solicit professional GIS services firms to provide GIS related services for the City of Auburn on an annual basis; and

WHEREAS, on March 6, 2020 the City of Auburn received proposals from four (4) qualified professional GIS service firms; and

WHEREAS, the City of Auburn Department of Engineering Services and Department of Municipal Utilities reviewed and scored the proposals against the criteria outlined in the RFP; and

WHEREAS, the scoring criteria used to rank each firm was;

1) Overall Capabilities of firm (20 points)2) Experience of Project Manager (20 points)3) References/Similar Work (30 points)4) Cost (30 points),

for a total possible score of 100; and

WHEREAS, the following average score of the review process was as follows

1) MRB Group Score: 93.52) The CEDRA Corporation Score: 90.03) Wendel Score: 82.54) Timmons Group Score: 67.0

; and

WHEREAS, it is necessary to enter into an agreement with the highest ranking firm, MRB Group for the next year with the option to add four (4) additional years if both parties agree to the terms of the arrangement ; and

NOW, THEREFORE, BE IT RESOLVED that the Auburn City Council does hereby approve the City to enter into an agreement with MRB Group for professional GIS services; and

BE IT FURTHER RESOLVED that the Mayor is authorized to sign any and all documents associated with the term agreement.

Seconded by Councilor________________________

Ayes NoesCouncilor McCormickCouncilor GiannettinoCouncilor CuddyCouncilor LocastroMayor Quill

Carried and Adopted

COUNCIL MEMORANDUM

Memorial City Hall24 South Street

Auburn, New York 13021

TO: Honorable Mayor and Members of City Council

FROM: Seth N. Jensen, Director of Municipal Utilities

DATE: March 19, 2020

RE: Agreement Resolution #45 of 2020; Authorizing a Professional Services Contract for Design Services During Construction for the Zebra Mussel Control Project

Background:

Since May of 2018, the Department of Municipal Utilities has been working towards a solution to replace the failing chemical feed system at the upper pump station which delivers chlorine to the intake crib of the City's raw water intake line in Owasco Lake.

At the time the project was identified for replacement, one of the two chemical feed lines was failed and no longer able to supply chlorine to treat for zebra mussel buildup in the intake pipe. Over the past 2 years, the second line has begun to plug and is currently no longer working properly.

In May of 2018, City Council voted to fund the engineering necessary to develop 100% permitted and design plans, necessary to hire a qualified contractor to replace the system. Between May 2018 and September of 2019, the City was able to hire a firm and work with professional engineering staff to develop the necessary design plans. At that time, City Council approved the Director of Municipal Utilities and Director of Capital Projects and Grants to seek grant funding thru the Water Infrastructure Investment Act (WIIA).

Fortunately, in December of 2019, the City received notification from the New York State Environmental Facilities Corporation that the WIIA grant application was accepted and the City was awarded a 60% match grant for a total project cost of $902,000. The maximum grant award is $541,200.

Upon receiving notification of grant award, the City moved forward with bidding the project, in accordance with City and NYSEFC grant requirements. As the project moves to the construction phase, it is necessary for the City to enter into an agreement with GHD for additional design services during construction to ensure the zebra mussel control system is properly installed and meets the intent of the design and specifications of the bid. A copy of GHD's scope of services is included as a separate attachment to this memo for your use and knowledge.

Pursuant to the terms of the grant award, 60% of the costs associated with this project will be fully eligible for grant reimbursement from NYSEFC. Recommendations

City staff is requesting entering into an agreement with GHD for the aforementioned services in the amount of $32,000.

Fiscal Implications:

$32,000 will be charged to Capital Project: HF 8330 440JL Zebra Mussel Control Project, 60% of which will be reimbursed by the State Grant.

AGREEMENT RESOLUTION #45 OF 2020

AUTHORIZING CHANGE ORDER No. 1 FOR DESIGN SUPPORT DURING CONSTRUCTION FOR THE ZEBRA MUSSEL CONTROL SYSTEM REPLACEMENT

PROJECT

By Councilor ___________________ March 19, 2020

WHEREAS, on April 19, 2019, the City Council of the City of Auburn passed Financial Resolution #60 of 2019, authorizing the funding necessary to complete a design project to replace the City's failing Zebra Mussel Control System (the Project) at the Upper Pump Station;and

WHEREAS, in accordance with the City of Auburn procurement policy, the City of Auburn Staff issued a Request for Proposals to solicit engineering firms to complete the 100% design documents necessary to bid the general construction contract for the Project; and

WHEREAS, the City of Auburn has an agreement with GHD Engineering to complete the engineering and design services necessary to progress the project; and

WHEREAS, Change Order #1 to the professional services agreement with GHD in the amount of $32,000 is now required to provide design support services during the constructionphase of the Zebra Mussel Control Project at the Upper Pump Station; and

WHEREAS, the City of Auburn Department of Municipal Utilities recommends the City authorize Change Order #1 to GHD Engineering for design support during construction for the Project in the amount of $32,000.

NOW, THEREFORE, BE IT RESOLVED that the Auburn City Council does hereby award Change Order #1 in the amount of $32,000 to GHD Engineering for design support during project construction and is to be charged to Zebra Mussel Control Project capital account (#HF8330-440-JL), 60% of which shall be reimbursed by New York State Environmental Facilities Corporation grant funds; and

BE IT FURTHER RESOLVED that the Mayor is authorized to sign any and all documents necessary for awarding the aforementioned award.

Seconded by Councilor________________________

Ayes NoesCouncilor McCormickCouncilor GiannettinoCouncilor CuddyCouncilor LocastroMayor Quill

Carried and Adopted

GHD 285 Delaware Avenue Suite 500 Buffalo New York 14202 USA T 716 856 2142 F 716 856 2160 W www.ghd.com

March 13, 2020 Reference No. 11194038 Seth N. Jensen, PE Original Sent Via Email Director of Municipal Utilities City of Auburn 35 Bradley Street Auburn, New York 13021 Dear Mr. Jensen: Re: Professional Engineering Services Proposal

Design Support Services During Construction City of Auburn Zebra Mussel Control Project

GHD is pleased to submit this proposal to the City of Auburn (City) for continuing professional engineering design support services in connection with the construction of the new Zebra Mussel Control System and associated improvements.

1. Project Understanding

As you are aware, this project involves replacing the existing chemical feed system to the intake crib located approximately 1,700 feet from the Upper Pump Station. The existing 2-inch high density polyethylene (HDPE) sodium hypochlorite feed lines and 7/8-inch steel anchor cable will be replaced with four 1-inch HDPE sodium hypochlorite feed lines. New anchor rings and diffusers will be installed inside the intake pipe. The project also includes replacement of chemical feed pumps in the Upper Pump Station and the installation of new screens and lockable hatch in the raw water wet well.

For the purposes of determining the fee for the support services, we expect the construction project will have a 2-month duration and the City or other consultant will provide part-time inspection and detailed markups for record drawings. To assist the City throughout the construction phase of the project, GHD proposes the services detailed below.

2. Scope of Services

GHD proposes the following scope of services and the subsequent actions to be taken hereafter. Our scope and proposed fee are based on the following tasks:

2.1 Design Support Services During Construction

Under this task, GHD will provide the following services:

1. Scheduling and conducting a pre-construction meeting, and preparing and distributing meeting minutes to involved parties.

11194038Jensen-1-rev 2

2. Reviewing and approving contractor submittals for material and equipment to be used on the project for compliance with design plans and specifications.

3. Conducting progress meetings in person or by phone as required, to review project progress, schedule and costs (for the duration of the construction contract), and issue typed minutes. We anticipate bi-weekly meetings during the 2-month active construction period.

4. Communicate regularly with the City’s resident inspector

5. Reviewing and making recommendations to the City for all construction progress payment requests, and generating summary and continuation sheet consistent with construction contract proposal.

6. Reviewing and making recommendations to the City for payment of any change order requests by the contractor and generating summary and execution sheet detailing proposed change(s).

7. Conducting site visits to the project site by either the Construction Manager or Project Manager, as required. We anticipate that these site visits will be conducted in conjunction with the bi-weekly project progress meetings.

8. Providing general consultation, advice and problem resolution during construction, as necessary.

9. Interpreting Contract Documents and resolving unanticipated field problems, as necessary.

10. Providing plotted paper copy sets and one CD/DVD of the electronic files (AutoCAD format or compatible version) of the record drawings for the completed work. Note that in order to comply with the requirement of the grant, we have enlisted the services of Encorus Group to complete the record drawings. Encorus is a registered Service Disabled Veteran Owned Business (SDVOB) in New York State.

11. Completing a final walk-through inspection of the work during start-up to document any concerns or deficiencies as punch list items before final acceptance of the Work by the City.

12. Coordination with the City’s SCADA Services Consultant.

We understand that the City of Auburn has received a 2019 New York State Water Grant (Drinking Water) in the amount of $541,200 for this project. As such, GHD will make good faith efforts to comply with the requirements outlined in the New York State Environmental Facilities Corporation’s Program Requirements and Bid Packet for Non-Construction Contracts (For projects funded with NYS financial assistance only) dated October 1, 2017, included as Attachment A.

3. Work by Others

It is understood that the City or their representative will provide daily or as needed resident inspection services throughout the project. This will include:

1. Resident inspection to observe critical or underground work.

2. Documenting the contractor’s weekly work progress.

11194038Jensen-1-rev 3

3. Observing work to determine the progress, quality, quantity and conformance of the work in accordance with the final contract documents.

4. Reviewing and clarifying contractor questions.

5. Making recommendations for field adjustments to the work.

6. Verifying measurements and quantities for contractor payments and reporting such to GHD.

7. Obtaining measurements and preparing detailed mark ups for record documents.

4. Project Schedule and Fee

GHD is prepared to begin work immediately upon receipt of written authorization. The fees associated with our scope of work as outlined above are $32,000 (Lump Sum). Invoicing will be issued monthly based upon the percentage of work completed during the prior month.

We appreciate the opportunity to submit this proposal to the City of Auburn. If you have any questions or comments, please do not hesitate to contact me on my cell at (716) 392-1758.

Sincerely,

GHD

Stephen Waldvogel, P.E. Vice President

Encls.

SCW/las/1-rev

cc: Erica Golden, EIT – GHD